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Farmers'  Law 


MINNESOTA  EDITION 


LEONARD  V.  KOOS 

Superintendent  of  Schools,  Glencoe.     Author  of 
"Farmers'  Law  for  the  Short  Course" 


Copyright.    1913. 
By  Webb  Publishing  Company 


W— 2 


PREFATORY  NOTE 

Two  distinct  needs  have  prompted  the  writing  of  this 
Httle  book.  The  thinking  farmers  of  the  state  have  long 
been  looking  for  a  concise  manual  of  such  common  and 
statute  law  as  bears  most  closely  upon  them  in  their  every- 
day affairs.  They  have  desired  a  little  volume  that  will 
set  before  them  briefly  what  they  cannot  themselves  find, 
having  neither  the  leisure  nor  access  to  a  legal  library. 
Again,  the  schools  of  the  state,  now  rapidly  adding  agri- 
culture to  their  curricula,  have  come  to  need  a  brief  text 
in  "Farm  Law"  which  may  be  placed  in  the  hands  of  the 
students  in  the  long  and  short  course  classes.  To  more 
nearly  meet  these  needs  an  effort  has  been  made  to  couch 
the  law,  as  far  as  possible,  in  layman's  English,  to  omit  all 
verbiage,  and  to  present  only  the  "bare  essentials."  Most 
of  us,  although  frequently  reminded  that  "every  man  is 
presumed  to  know  the  law,"  have  despaired  of  any  measure 
of  comprehension  of  its  intricacies.  Because  of  the  recep- 
tion given  the  author's  earlier  pamphlet  on  "Farmers'  Law 
for  the  Short  Course"  in  which  the  law  was  largely  stripped 
of  its  technical  terms,  he  feels  that  this  little  book  will  make 
the  law  understandable  to  those  for  whom  these  pages  have 
been  prepared. 

September  26,  1913.  L.  V.  K. 


^»8RARV.AGHlCUt:,  u«C  DE»-T, 


CONTENTS 


Chapter  Page 

I.  LAW  IN  GENERAL 7 

What  Law  Is — Written  and  Unwritten  Law — Constitutions 
— Statutes — Common  Law. 

II.  CONTRACTS 9 

Definition  of  Contract — Oral  and  Written  Contracts — Express 
and  Implied  Contracts — Consideration — Who  May  Make  Con- 
tracts— Subject  Matter  of  Contracts — The  Statute  of  Frauds. 

III.  ACQUIRING  THE  FARM 12 

Title — Deed — Kinds  of  Deeds — Warranty  Deed — The  Cov- 
enants— Signature — Acceptance — Changes    Made    in    Deeds 

— Right  of  Husband  and  Wife  to  Convey  Real  Estate — Home- 
stead— Quitclaim  Deed — Installment  Contracts. 

IV.  MORTGAGES : 19 

The  Use  of  Farm  Mortgages — What  the  Mortgage  Contains 

— Signature,  Acknowledgment,  etc. — ^The  Mortgage  Registry 
Tax — Discharge  of  Record — Foreclosure — Chattel  Mortgages 
— Foreclosure  of  Chattel  Mortgages. 

V.  LANDLORD  AND  TENANT 25 

Definitions — Oral  and  Written  Leases — Covenants  of  Land- 
lord and  Tenant — ^Tenure  of  the  Lease — Eviction — Right  to 
Emblements — Crops  on  Shares — Right  to  Timber. 

VI.  FARM  LABORERS 31 

The  Parties — Oral  and  Written  Agreements  between  Master 
and  Servant — Amount  of  Wages  When  Not  Previously  Agreed 
Upon — Obligations  of  Employer  and  Employee — Payment  of 
Wages  to  Minors — Responsibility  of  Employer  for  Acts  of  the 
Employee. 

VIL    FARM  PRODUCTS 33 

Farm  Crops  Distinguished  as  Emblements  or  Real  Property 
— ^The  Bearing  of  the  Distinction  upon  Contracts  and  upon 
Theft — Manure — Levy  upon  Grain — Damage  to  Crops — Seed 
Grain  Contracts — Thresher's  Lien — Dairy  Products — Using 
Preservatives  in  Dairy  Products — Adulterated  Milk  or  Cream 
— Discrimination  in  Prices  Paid  for  Milk,  Cream,  or  Butter- 
fat — "65  Mile"  Law. 


4089r>3 


4  CONTENTS 

Chapter  Page 

VIII.  NURSERY  STOCK 38 

Inspection  of  Nursery  Stock — Infested  Nursery  Stock — Ship- 
ment Within  the  State — Nursery  Stock  from  Outside  the 
State. 

IX.  THE  SEED  LAW 40 

The  Law  in  General — What  Seeds  the  Law  Includes — Label- 
ing— Exceptions  as  to  Labeling — Penalties — ^Testing  and  In- 
specting Seed — The  Rules  of  the  Experiment  Station. 

X.  WEEDS 44 

"Noxious"  Weeds — The  Farmer's  Duty — The  Method  of 
Enforcing  the  Law. 

XI.  FARM  ANIMALS 46 

Estrays — Distraining — Liability  of  Railroads — Damage 
Caused  by  Animals — Diseased  Animals — Animals  Brought 
Into  the  State — Hog  Cholera  Serum — Lien  of  Agisters — Lien 

for  Shoeing — Lien  for  Service  of  Stallion,  etc. — Cruelty  to 
Animals — Dogs. 

XII.  FARM   BOUNDARIES,  ROADS  ABUTTING  ON  THE 

FARM,  LINE  AND  LEGAL  FENCES 54 

Boundary  Disputes — Roads  Abutting  on  the  Farm — Streams 
and  Lakes  as  Boundaries — Trees  On  or  Near  Boundary  Lines 
— Fires  Spreading  to  a  Neighbor's  Land — Legal  Fences — Line 
Fences. 

XIII.  WATERS  OF   THE  FARM 60 

Riparian  Rights — Surface  Waters — Town,  County,  Judicial, 
and  State  Ditches — Procedure  for  County  Ditches. 

XIV.  ROADS— THEIR  ESTABLISHMENT  AND  MAINTE- 
NANCE 64 

Kinds  of  Roads — State  Roads — Surveys,  etc.,  for  Same — State 
Aid  for  State  Roads — How  It  is  Paid — The  Town  Board  and 
State  Roads — County  Roads — Establishing,  Altering,  or 
Vacating  Roads  in  More  Than  One  Town — Issuing  Bonds 
for  Permanent  Road  Improvement — Roads  in  Two  or  More 
Counties  or  on  County  Lines — Town  Boards  and  Town  Roads 
— The  Town  Road  Overseer — Road  Taxes  in  Towns — ^The 
Dragging  Fund — Establishing,  Altering,  and  Vacating  Town 
Roads — Roads  on  Town  Lines — Roads  in  New  and  Unorgan- 
ized Towns — Cartways — Dedication  of  Land  for  Roads 
— Extraordinary  Improvement  of  Town  Roads — Drainage  of 
Town  Roads — Appeals  from  County  and  Town  Boards — Re- 
moval of  Fences  by  Town  or  County  Boards — Tunnels  Under 
Roads — Dedication  of  Roads  by  Use — Old  Roads  Open  Two 
Years — Bridges  and  Culverts. 


CONTENTS  5 

Chapter  Page 

XV.  THE  USE  OF  ROADS , 77 

Meeting  and  Passing  on  Roads — ^At  Corners  or  Cross- Roads 

— Who  May  Not  Drive  Motor  Vehicles — In  Case  of  Accident 
— Equipment  of  Motor  Vehicles — Intemperate  Drivers — Leav- 
ing Horses  Unfastened — Traction  Engines. 

XVI.  TAXES 80 

The  Steps  in  the  Taxing  Process — Assessment — Moneys  and 
Credits — Equalization — Levy — Extending  the  Taxes — Collec- 
tion— Delinquent  Taxes — Distribution — Other  Taxes. 

XVII.  SCHOOLS 88 

To  Form  a  New  District — Setting  Ofif  Land  to  an  Adjoining 
District — Dissolving  School  Districts — The  Annual  School 
Meeting — Special  School  Meetings — Powers  and  Duties  of  the 
Board — Special    State    Aid    to    Rural    Schools — Association 

— Consolidation — The  Compulsory  Education  Law. 

XVIII.  ELECTIONS— PRIMARY  AND  GENERAL 96 

Who  May  Vote — The  Elections — Presidential  Preference 
Primary  Election — The  State-Wide  Primary  Election — The 
General  Election — The  Corrupt  Practices  Act — Constitutional 
Amendments — Further  Rules  as  to  Elections. 

XIX.  WILLS  AND  ADMINISTRATION 103 

Who  May  Make  a  Will — The  Form  of  the  Will — Competent 
Witnesses — Should  One  Draw  His  Own  Will — How  Wills  are 
Revoked  or  Canceled — Steps  in  Administering  an  Estate 
Where  a  Will  Has  Been  Made — Executor  and  Administrator 

— Notice  to  Creditors — Inventory  and  Appraisal  of  the  Estate 
— Settlement — Administration  Where  the  Deceased  Has  Left 
No  Will — Descent  of  Property — The  Homestead— Other  Real 
Estate — Personal  Property — Posthumous  Children — Guar- 
dians. 

XX.  CO-OPERATIVE  ASSOCIATIONS Ill 

Co-operative  Enterprises  —  Organization  —  Management  — 
Profits  —  Report  of  Creameries  —  Recent  Developments  in 
Co-operation. 

XXI.  PROPERTY  INSURANCE  —MINNESOTA   STAND- 
ARD POLICY 114 

Definitions — The  Standard  Policy— Obligations  of  the  Insured 
— The  Statement — Adjustment. 

XXII.  FARMERS'  MUTUAL  INSURANCE  COMPANIES..   117 
Town   Mutual    Insurance   Companies — Certificate   of   Incor- 
poration— Kinds  of  Property  Insured — How  These  Companies 

are  Supported — Adjustment  of  Losses — Mutual  Hail,  Tor- 
nado and  Cyclone  Companies. 


6  CONTENTS 

Chapter  Paoe 

XXIII.  LIFE  INSURANCE 121 

What  It  Is — Ordinary  Life  Insurance — Limited  Payment  Life 
Insurance — Term  Insurance — Annuity  Insurance — Insurable 
Interest — Applications    for     Insurance — Minnesota     Policies 

— Other  Important  Life  Insurance  Regulations — Fraternal 
Insurance — Casualty  Insurance. 

XXIV.  NOTES,  CHECKS,  AND  DRAFTS 130 

Notes — Checks — Drafts — Negotiability — Indorsement — The 
Indorsers'  Liability — Date  of  Maturity — Ambiguous  Instru- 
ments— Forged  Paper. 

XXV.  COMMISSION  MERCHANTS 138 

The  Function  of  the  Commission  Merchant — State  Regula- 
tion— Complaints. 

XXVI.  AUCTIONS  AND  AUCTIONEERS 140 

Licensing  of  Auctioneers — Record  of  Sales  Required — "Bid- 
ding in"  at  Auctions. 

XXVII.  COMMON  CARRIERS 142 

Common  Carrier  Defined — Bill  of  Lading — Liability  of  Com- 
mon Carriers — Complaint  to  Railroad  and  Warehouse  Com- 
mission— Cars — Shipping  Live  Stock. 

XXVIII.  MISCELLANEOUS 145 

Replevin — Attachment — Garnishment— Injunction— Libel  and 
Slander. 

XXIX.  THE  FARMER  AND  THE  LAWYER 148 

INDEX 150 


FARMERS'  LAW 

Minnesota  Edition 

CHAPTER  I 

LAW  IN  GENERAL 

Law,  in  its  widest  sense,  is  a  rule  of  conduct.  For  all 
practical  purposes,  it  may  be  considered  a  body  of  rules  of 
conduct  laid  down  and  enforced  by  the  authority  of  a  nation 
or  state.  For  instance,  when  we  say  that  it  is  a  Law  of 
Minnesota  that  "every  child  between  eight  and  sixteen 
years  of  age  must  attend  a  public  school,  or  a  private  school, 
in  each  year  during  the  entire  time  the  public  schools  of  the 
district  in  which  the  child  resides  are  in  session,"  we  mean 
that  it  is  a  rule  of  conduct  for  parents  or  guardians  in 
Minnesota  in  the  matter  of  sending  such  children  to  school. 

Law  may  be  classified  as  written  or  unwritten  law.  Writ- 
ten law  is  found  in  our  constitutions  and  in  our  statutes. 
The  constitutions  are  called  the  "fundamental  law  of  the 
body  politic."  This  means  that  the  constitution  contains 
the  laws  of  a  community  with  which  all  other  laws  must 
agree  and  upon  which  all  other  laws  must  be  built.  The 
fundamental  law  for  the  United  States  is  found  in  its  Con- 
stitution, in  force  since  1789;  and  all  the  Acts  passed  by 
Congress  and  by  the  legislatures  of  the  states  must  be  in 
harmony  with  it  or  they  are  declared  void.  The  funda- 
mental law  for  the  State  of  Minnesota  is  its  Constitution, 
and  all  the  Statutes  passed  by  the  State  Legislature  must 


8  FARMERS'  LAW 

be  in  harmony  with  this  Constitution.  In  this  book  the 
name  "statute"  will  be  given  to  those  laws  passed  by  the 
Legislature  of  the  State  of  Minnesota. 

Unwritten  law  more  often  goes  by  the  name  of  common 
law.  In  the  absence  of  statute  law  common  law  prevails. 
In  most  cases  it  is  simply  common  sense  or  "right  reason" 
applied  to  cases  not  covered  by  statute  law.  It  is  an  out- 
growth of  long-continued  custom  as  found  in  the  decisions 
of  the  courts.  Most  of  our  law  is  based  upon  these  unwrit- 
ten rules  of  conduct,  the  greatest  part  of  which  have  come 
down  to  us  from  England,  although  changes  have  found  a 
place  from  time  to  time  in  the  courts  in  different  communi- 
ties in  this  country. 

In  our  study  of  these  rules  of  conduct  for  citizens  in 
Minnesota,  we  shall  naturally  deal  largely  with  common 
law  and  the  Minnesota  Statutes. 


CHAPTER  II 

CONTRACTS 

DEFINITION 
Whenever  a  person  buys  or  sells,  whenever  he  makes 
any  kind  of  bargain  or  agreement,  he  makes  a  contract. 
In  brief,  whenever  for  a  sufficient  consideration  a  person 
agrees  to  do  or  not  to  do  some  particular  thing,  he  is  said 
to  make  a  contract. 

CLASSES  OF  CONTRACTS 

In  entering  into  the  agreement  one  may  do  so  by  word 
of  mouth,  when  it  is  called  an  oral  contract,  or  one  may 
put  it  into  writing  or  printing.  In  the  latter  case  it  is,  of 
course,  a  written  contract. 

Contracts  are  also  express  or  implied.  If  all  the  terms 
of  the  contract  are  spoken  or  put  in  writing,  it  is  an  express 
contract.  If  some  of  the  terms  are  not  spoken  or  written 
but  are  understood  from  the  circumstances,  it  is  an  implied 
contract.  For  instance,  if  I  say  to  the  grocer,  "Deliver  a 
hundred-pound  sack  of  flour  at  my  house  and  I  will  pay 
you  three  dollars  for  it  tomorrow,"  I  make  an  express  con- 
tract. If,  instead,  I  merely  say  to  him,  "Deliver  a  hundred- 
pound  sack  of  flour  at  my  house,"  it  is  implied  that  I  will 
pay  the  market  price  for  it  and  that  it  is  to  be  merchantable 
flour.  A  large  porportion  of  the  smaller  contracts  in  daily 
business  activities  are  implied. 

CONSIDERATION 
To  make  a  contract  that  may  be  enforced  there  must 


10  FARMERS'  LAW 

be  a  consideration, — the  cause,  price,  or  thing  which  induces 
the  carrying  out  of  the  contract.  An  agreement  to  make 
outright  gift  is  not  a  contract.  The  consideration  is  not 
always  the  transfer  of  money.  It  may  be  any  benefit  to 
the  promisor  or  loss  or  detriment  to  the  other  party  to  the 
contract,  or  promisee. 

WHO  MAY  NOT  MAKE  CONTRACTS 

Minors  are  incompetent  to  make  contracts  except  for 
necessities,  such  as  food,  clothing,  medical  attendance,  etc. 
Contracts  made  by  a  minor  are  voidable  by  the  minor  when 
he  reaches  his  majority.  Idiots,  lunatics,  and  drunken 
persons  can  not  make  valid  contracts,  except  that  a  drunk- 
ard may  ratify  after  he  becomes  sober  a  contract  made 
while  he  was  intoxicated.  In  Minnesota  married  women 
have  the  same  right  to  make  contracts  as  their  husbands. 

SUBJECT  MATTER  OF  CONTRACTS 

The  subject  matter  of  a  contract  may  be  anything  law- 
ful. Any  contract  to  do  anything  unlawful  is  illegal  and 
void.  For  instance,  contracts  to  bribe  a  jury,  bets  or 
wagers,  or  contracts  in  which  fraud  enters  are  illegal. 

STATUTE  OF  FRAUDS 

The  following  classes  of  contracts,  according  to  the  Stat- 
ute of  Frauds,  must  be  in  writing: 

(1)  Leases  of  land  for  a  year  or  more. 

(2)  Contracts  for  the  sale  of  land  for  a  year  or  more. 
This  includes  deeds,  mortgages,  etc. 

(3)  Every  agreement  that  by  its  terms  is  not  to  be 
performed  within  one  year  from  the  date  of  making 
it. 

(4)  Promises  to  answer  for  the  debt  of  another  person. 


CONTRACTS  11 

(5)  Contracts  for  the  sale  of  personal  property  where 
fifty  dollars  or  more  is  involved.  Where  some 
part  of  the  property  is  delivered,  where  some  part 
of  the  purchase  price  is  paid  to  "bind  the  bargain," 
or  where  goods  are  sold  at  an  auction  at  which 
proper  entry  is  made  in  the  salesbook,  contracts 
under  the  last  class  do  not  come  under  the  Statute 
of  Frauds  and,  therefore,  need  not  be  in  writing. 

With  either  oral  or  written  contracts  it  is  essential  that 
the  intention  of  both  parties  be  clear.  Especially  when  one 
is  making  a  contract  in  writing  should  the  meaning  be  made 
clear,  for,  in  the  courts,  one  will  not  be  permitted  to  change 
by  oral  testimony  the  terms  of  a  written  contract. 


CHAPTER  III 

ACQUIRING  THE  FARM 

GENERAL 

When  a  person  makes  the  purchase  of  any  piece  of  real 
estate,  such  as  a  farm,  he  is  said  to  acquire  title  to  it.  Title 
to  a  farm  is  evidence  which  that  person  has  of  the  right  to 
the  possession  of  the  farm.  The  conveyance  of  the  title  to 
the  farm  from  the  owner,  or  grantor,  to  the  purchaser,  or 
grantee,  is  made  by  an  instrument  called  a  deed.  This  deed, 
since  it  is  concerned  with  the  transfer  of  real  estate  and 
therefore  comes  under  the  Statute  of  Frauds,  must  be  in 
writing.  In  Minnesota,  deeds  are  required  to  be  signed 
before  two  witnesses,  acknowledged  before  an  officer 
authorized  to  administer  an  oath,  and  recorded  in  the  office 
of  the  register  of  deeds  of  the  county  in  which  the  land  is 
situated. 

KINDS  OF  DEEDS 

The  three  kinds  of  deeds  of  which  a  citizen  of  Minnesota 
should  have  knowledge  are  the  warranty,  the  quitclaim, 
and  the  mortgage  deeds.  The  last  named  will  be  dealt  with 
in  the  separate  chapter  on  mortgages. 

THE  WARRANTY  DEED 

The  warranty  deed  is  the  common  form  for  the  convey- 
ance of  real  estate.  In  addition  to  granting  the  land,  it  con- 
tains warrants  or  covenants  as  to  the  title.  The  Minnesota 
Statute  makes  possible  the  use  of  the  following  form  of 


ACQUIRING  THE  FARM  13 

Warranty  Deed 

A.  B.,  grantor,  of  (here  insert  place  of  residence),  for  and  in 
consideration  of  (here  insert  the  consideration)  conveys  and 
warrants  to  C.  D.,  grantee,  of  (here  insert  place  of  residence), 

the  following  described  real  estate  in  the  county  of 

in  the  State  of  Minnesota:  (here  insert  the  description  of 
the  premises). 

Dated  this day  of 19 

Signature 

Attention  is  called  to  the  words  "conveys  and  warrants" 
in  the  above  form.  The  description  mentioned  refers  to 
surveys,  maps,  distances,  or  boundaries. 

THE  COVENANTS 

The  same  statute  provides  that  when  this  form  is  used 
it  is  to  be  understood  that  the  grantor  makes  the  following 
covenants  with  or  promises  to  the  grantee : 

Covenant  (1) :  "that  he  is  lawfully  seized  of  the  premises 
in  fee  simple  and  has  good  right  to  convey  same."  This  is 
called  the  covenant  of  seizin.  It  is  simply  a  warranty  that 
the  owner  has  possession  of  the  property  described  in  the 
deed  and  that  he  has  the, right  to  convey  it. 

Covenant  (2) :  "that  the  premises  are  free  from  all  incum- 
brances." This  covenant  pledges  that  there  are  no  out- 
standing rights  in  other  persons.  This  covenant  is  broken 
by  outstanding  mortgages,  unpaid  taxes,  mechanics'  liens, 
and  judgments  docketed  in  the  office  of  the  clerk  of  court  of 
the  county  where  the  land  is  situated  within  ten  years 
prior  to  the  date  of  the  conveyance. 

Covenant  (3):  "that  he  warrants  to  the  grantee  and  his 
heirs  and  assigns  the  quiet  and  peaceable  possession  of  the 
premises."  The  covenant  of  "quiet  and  peaceable  posses- 
sion" is  a  promise  that  the  grantee,  his  heirs,  or  others  who 


14 

Pgrsons ,  uxiiaarrled 


FARMERS'  LAW 

S^     That  the  Grantor..  OeOT^^^ 


HMiding  u  the..^^^y ,.q/:,Sl9^9oe 


Coiuity  of.^.9.h9.9^. and  State  o/,.MAnf'C30ta f^r  and  in  consideration 

cfthe  sum  0/  ./^rtoen  jniQusand _ _ _ dollars. 

to.pL\Uf.rrrr:.in  hand  paid.  doCS  hereby  Convey  and  Warrant  to..«?Olin..T  ,    TOnllnSOn .  Of 

P.lnP.g.9.g..P.f...kL'e..gQ"nt,Y..of  .McLeO(a..a^  

a*  Grantee     the  following  described  Real  Estate,  viz.  ...Tile    KorVhWCS  t    auarter  M 

^.Y.?r.ri?[L»0.k..??y.r^y.ey.i...<^.9.n  t  a  In  In 


lUuaU  in  the  County  o/..¥cLeOd and  State  of  Minnesota. 

Dated  a<..g.ij?.n.COe... thU.   2 Zj\j),^r-rrr.. day  o/.SOji^eabgP A.  D.  191 .3 

Signed.  Scaled  and  DcUverM  in  Presence  of 

_Z^(fi2s<fciA..^_ 


^^. 


jy^^.^ 


^UU  of  ^imuMUi, 


Coiintyvf 


VcLeod 


_    I 

On  <fci«...?.?.nd.. JLa,y  o/:..8eJ>^.e0.t>ejr -.^.  D.  191  3.,  before  me.  a 

.y.9.t'.g.ry...PUbllC  wUhin  and  for  said  County.  persoiuUly  appeared 

to  me  known  to  be  the  person     described  in  and  who  executed  the  foregoing  instrument,  and  acknowledged 
that    k0    axtetUed  tite  $am»  01..*}-?.- fit€  act  and  deed. 


Notary  Public 
«y  CoFjDls8l6n*'15xi)rrcs*'I9r5^ 
FIG.  1.     WARRANTY  DEED.     (Short  Form.) 


ACQUIRING  THE  FARM  15 

claim  title  through  him  shall  not  be  legally  disturbed  in 
their  quiet  and  peaceable  possession  of  the  premises  by  the 
grantor  or  his  heirs. 

Covenant  (4) :  that  he  will  defend  the  title  to  the  prop- 
erty "against  all  persons  who  may  lawfully  claim  same." 
If  any  lawful  claim  is  made  by  a  third  party  as  to  the  title 
of  the  grantee  to  the  property,  by  the  fourth  covenant  the 
grantor  pledges  compensation  for  the  loss  sustained  by  the 
failure  of  title  up  to  the  amount  of  the  purchase  price  and 
interest. 

It  is  rather  common  practice  to  include  these  covenants 
in  the  form  of  deed. 

The  signature  is  that  of  the  grantor.  The  grantee  does 
not  sign.  The  conveyance  of  the  farm  is  completed  when 
the  deed  has  been  delivered  by  the  grantor.  Before  accept- 
ing the  deed  the  grantee  should  make  sure  that  the  title  is 
perfect  in  the  grantor  and  that  the  deed  is  properly  executed. 
A  grantee  who  personally  accepts  a  deed  is  presumed  to 
know  its  contents.  Nor  can  the  grantor  have  a  deed  set 
aside  because  he  failed  to  read  it.  Any  material  change 
made  in  the  deed  by  either  party  after  delivery  makes  it 
void.  If  there  is  no  certainty  as  to  the  property  described 
in  the  deed  it  is  void. 

A  husband  and  wife  may,  by  a  deed  in  which  both  join, 
convey  real  estate  belonging  to  either.  Except  the  home- 
stead, either,  by  a  separate  deed,  may  dispose  of  the  real 
estate  belonging  to  him  or  her,  subject  to  the  rights 
of  the  other.  (Note.  The  homestead  in  rural  dis- 
tricts,— that  is,  outside  the  limits  of  a  city  or  village — 
includes  the  house  actually  occupied  by  the  owner  as  a 
dwelling  and  not  more  than  eighty  acres  of  land.  Such  a 
homestead  is  exempt  from  seizure  or  sale  except  for  debts 


16  FARMERS'  LAW 

incurred  for  work  or  materials  furnished  in  the  building, 
repair,  or  improvement  of  the  same,  or  f.or  services  of 
laborers  or  servants.) 

QUITCLAIM  DEED 

A  quitclaim  deed  is  one  which  grants  merely  the  interest 
the  grantor  has.  The  Minnesota  Statute  makes  possible 
the  use  of  the  following  %-m  for  a 

Quitclaim  Deed 

A.  B.,  grantor,  of  (here  insert  place  of  residence),  for  the  con- 
sideration of  (here  insert  the  consideration),  conveys  and  quit- 
claims to  C.  D.,  grantee,  of  (here  insert  place  of  residence),  all 
interest  in  the  following  described  real  estate  in  the  county 

i     of in  the  State  of  Minnesota:     (here  describe  the 

premises.) 

Dated  this day  of 19 

Signature 


If  the  words  "conveys  and  quitclaims"  of  this  form  are 
contrasted  with  the  words  "conveys  and  warrants"  in  the 
form  for  warranty  deed  the  essential  difference  between  the 
two  kinds  of  deeds  will  be  seen.  The  quitclaim  deed  war- 
rants nothing  and  the  statute  contains  no  covenants  that 
are  understood  to  be  binding  upon  the  grantor.  The  quit- 
claim deed  does  not  even  assert  that  the  grantor  has  any 
title  to  the  premises  described.  In  transfers  of  real  estate 
this  form  is  used  merely  to  extinguish  possible  outstanding 
titles,  for  example,  claims  of  heirs,  for  real  estate  for  which 
a  grantor  or  grantee  is  desirous  of  obtaining  or  giving  a  war- 
ranty deed  or  for  the  sake  of  peace.  In  buying  a  farm  the 
purchaser  should  not  accept  a  quitclaim  deed  without  con- 
sulting a  competent  attorney. 


ACQUIRING  THE  FARM 


17 


Thitt  the  (7»aH/or.0c0.r&e...E.,.. 


Parsons,  unmarried, 


■.for  and  in  consideration 


residing  in  Ihe.CXtU ■ o/..  OlCnCQe     

County  o/..MCLeOd _      and  State  ofMm^-SOlM.  — r- 

of  the  sum  of.9.^P. , „ DOLLAl 

to^^r-r—^in  hand  fiaid,  d(fi^  hereby  Convey,  1,'clcosc  and  Quit-Claim  /a.-^P.^n  ..T^T9mlln8qn    . 

Of  G-lencoe  of  the  County  of  McLeod  and  State  of  Minnesota 


as  Grantee    all. P.^.^.—r-... interest  in.  and  to  the  followina  described  real  estate,  wr.-.ThC    KOrthWCSt 

..^H§-rl?.?!..?ir..  Sec 1 1  on  31 X t een^^^ 

J!'^J}^.^...yA'^.V.^.V{.30)  Mest  of  uie  F                                 Jierldlan  according  to 
the  United  Btates  Government  Survey,  containing  one  hundred  sixty  acr«o 
more  or  less. 


situate  m  the  County  o/,.M.CL69.4 .and  State  of  Minnesota. 

Dated  at  ciencoe <fet«22pd...-Tr-.rfayo/vgertemtier— -—■■.<■  D.  loiy 

Slsned,  Sealed  and  Delivered  In  Presence  of 


<:J?,^tJC 


Jto/u  off  ^innesoia. 

County  of  McLeOd 


I  On  this  .^?nd. ,     oay  o/.MPt'.ember  _____-____^.  />.  jgi3_ . ,  before  m*.  a 

.^Py^^^.  .^"^.^A.^  .— — — — ivithin  and  for  said  County,  personally  appeared 

Qeorce  E.  parsons,  tmmarrled, __  : 


to  me  knoum  to  he  the  person     described  in  and  who  executed  the  foregoing  instrument,  and  acknowledged 
that    he     executed  the  tarn*  w.M.?, free  act  and  deed 


2— 


My  COnunlsslon  Expires  1915 
FIG.  2.     QUITCLAIM  DEED.     (Short  Form.) 


18  FARMERS'  LAW 

ACQUIRING  THE  FARM  UNDER  AN  INSTALLMENT  CON- 
TRACT 

Frequently  purchases  of  farms  or  other  real  estate  are 
made  where  the  purchaser  has  a  comparatively  small 
amount  of  ready  money.  He  may  desire  to  make  part 
payment  yearly  or  at  other  regular  intervals  of  time.  In 
such  a  case,  if  the  owner  of  the  farm  is  willing,  an  install- 
ment contract  is  entered  into,  which  describes  the  tract  of 
land,  contains  the  agreement  to  purchase,  the  dates  of  the 
payments  and  their  amounts,  and  a  pledge  on  the  part  of 
the  owner  to  deliver  the  deed  when  all  the  requirements 
made  of  the  purchaser  in  the  contract  have  been  met.  Both 
parties  to  the  agreement  are  required  to  sign  such  a  con- 
tract. Of  course,  the  title  to  the  farm  remains  with  the 
owner  until  full  payment  has  been  made. 


CHAPTER  IV 

MORTGAGES 

FARM  MORTGAGES 

Often  the  owner  of  a  farm  wishes  to  borrow  money  and 
offers  the  farm  as  security  for  the  loan.  This  he  does  by 
giving  a  mortgage  on  the  farm.  The  borrower  here  is  the 
mortgagor f  while  the  party  making  the  loan  is  the  mortgagee. 
An  illustration  of  this  use  is  where  a  person  buying  a  farm 
has  not  enough  money  to  cover  the  full  purchase  price  of  the 
farm  and  borrows  the  remainder  in  order  to  make  full  pay- 
ment. He  gives  a  mortgage  on  the  farm  for  the  amount 
borrowed. 

WHAT  THE  MORTGAGE  CONTAINS 

A  mortgage  on  real  estate  is  a  form  of  deed,  and  in  our 
state  is  quite  commonly  called  a  "mortgage  deed."  As  a 
deed  it  is  a  conveyance  of  title  to  land  but  differs  from  other 
deeds  in  that  it  contains  a  provision  that  it  shall  be  void  and 
of  no  effect  if  the  mortgagor  pays  the  money  at  the  time 
stated  in  the  mortgage.  This  provision  is  known  as  the 
defeasance  clause  and  may  usually  be  recognized  in  the 
mortgage  deed  by  its  beginning, — "provided,  always,"  or 
"provided,  nevertheless."  Covenants  similar  to  those 
described  under  the  warranty  deed  are  made  by  the  mort- 
gagor; namely,  (1)  that  he  is  in  lawful  possession  of  the 
premises,  (2)  that  he  has  good  right  to  convey  the  same,  (3) 
that  they  are  free  from  all  incumbrances,  and  (4)  that  he 
warrants  the  title  against  all  lawful  claims. 


20  FARMERS'  LAW 


Made  //tto.,25 t2i. ' day  o/.-Septepibep- 


in  the  year  of  our  Lord  one  thousand  nine  hundred  and     "...T  ^'...V — - between 

Oriln  P.  Miller  and  Helen  N.  killer  his  wife , 


of  the  County  of  ^^^^^^. --r-rrrr-.and  State  of ...^^^}:^9.^9y^.rTTrrr7r-j>artXQQ  of  the  first  paH.and 

John  T.  Tomllnson ___^ 


of  the  County  of    ."^.^«°^  — — -zn>d  Slate  of M^?.^.9^Ar-rr—paH.y... of  the  second  part. 

WITNESSETH.  T)iat  the  said  parAQ3.  of  the  first  part,  for  and  in  consideration  of  the  sum  of 

jBlx  Hundreds  dollars. 

to-.Vfig.P.J in  hand  paid  by  the  said  party......of  the  second  part.  Ih^  receipt  whereof  is  hereby 

acknowledged,  do         by  these  presents  Grant.  Bargain,  Sell  and  Convey  to  the  said  part }f..... of  the  second 

pctrt,.^%P..-r heirs  and  assigns.  Forever.  atf...-t-^.V.V.--. ..tract    or  parcel    of  land  lying  and  being 

in  the  County  of..¥p.h^9.^ ^ and  State  of  Minnesota,  described  aj!  follows,  lo-wU: 

The  Northwest  quarter  of  Section  Six t ecn(  16 )  Township  One  Himc^^^^^ 

I?i?.?.eenlll61.  North,  Itong^^^  

■¥?jy.4.A§f}..J?.?.9.°A'4lTiS...^o..the  Unlv  _. 

tQlnlng  one  hundred  sixty  acres  of  land  more  or  less 


£0  S"'$  ""^  ^  9"^  ^'"  S^""-  Together  with  all  tlie  heredUanienti  and  appurtenances  thereunto 
belonging  or  in  anywise  appertaining,  unto  the  said  part X... .of  the  second  part.iXXB.... heirs  and 

assigns,  FOREVER.,  And  the  said  .Oriln.X^.jiliiar..and. -Helen  N^.,Ulll&r-hl«-wife- 

part... r!... of  the  first  part,  do      covenant  with  the  said  party......of  the  second  part,.}}~^. '.....heirs  and 

assigns,  as  follows:    First,  that  ^lie}f..i)^.&laufully  seized  of  said  premises;  Second,  that  the  yha^e...good 
right  to  convey  the  same;    Third,  that  the  same  are  free  from  all  encitmbrances...9.^9.^:P^...^..?}9.V.^.':..... 

^.9.?.9..®.?.?.9.HJ^®A..)'.5?..??.9.^..!?.9.?.?.?..X9.r...T*9Aye  and  noyipo  Lioi;jg,jps  ■        : 


-and  Fourth,  that  the  said  part.}/.. 


his  _^_^^ 
of  the' second  part, heirs  and  assigns,  shall  qiiiethj  enjoy  and  poss'JS  the  sam,e;  and  that  the 

toud  part.T°.?.qf  the  first  part  unll  Warrant  and  Defend  the  title  to  the  sante  against  all  lawful  claim*. 

FIG.  3.     MORTGAGE  DEED.     (First  Page.) 


MORTGAGED  21 


PROrWSD.  XErERTHSlSSS,  That  if  the  said.' 


rAes„ 


?o/  the  first  part.l^iMJL^heir 
adminutrators,  shall  well  and  truly  pay.  or  cause  to  be  paid,  to  the  said  part.)!.. .of  the  second  par«,.fll?  ; heirs, 

executors,  administrators  or  assigns,  the  sum  o/.T!.V^.."-V!^'Mr?M Dollars,  and  interest, 

according  to  the  condUion,  of...m^.'9rQm^f^aOTX.^AQl&..£QT...&lX.ii\mtI'.^(L.JiU^ 

■JgAg!?f...^gJ!..gpM..ArjMr.P-g.k.MnHQlAy..aM.due,,.Sep^^  


hearing  even  date  herewith,  and  also  to  pay  all  taxes  which  now  are.  or  may  be  hereafter  assessed  on  said  premises  as  they 
shall  become  due.  then  this  deed  to  be  null  and  voui.  But  if  default  shall  be  made  in  the  payment  of  said  sum  of  money, 
or  the  interest,  or  the  taxes,  or  anyfV^i  thereof,  at  the  time  and  in  the  manner  hereinbefore  or  hereinafter  specified  for 
the  pajjmenl  thereof,  the  said  Bart.7:rf.Vf  the  first  part,  in  such  ease  do        hereby  authorize  and  fully  empower  the  said 

part. X. of  the  second  par^..Xl\^. heirs,  executors,  adminislraloYs  or  assigns,  to  sell  the  said  hereby  granted  premises, 

and  convey  the  same  to  the  purchaser,  in  fee  simple,  agreeably  to  the  statute  in  such  case  made  and  provided,  and  out  of  the 
moneys  arising  from.sueh  sate  to  retain  the  principal  and  interest  which  shall  then  >'<■  due  on  said  note     ,  and  all  taxes 

upon  said  lands,  together  with  all  the  costs  and  charges, and  also  the  sum  of^AXW Dollars,  as  .attorney's 

feel  and  pay  the  overplus,  if  any,  to  the  said  partiS.^f  the  first  part.VtlG.lrheirs,  executors,  adminiitratori  or  assigns. 

.  ..,.     ^,  onm  r.  wiiicr  and  H«len  N.  Miller  his  wife ■ 

jlni  the  said .". 


do        further  covenant  and  agree  to  and  with  the  said  parlMrr.of  the  second  paf<,  Al? heirs,  executors,  administrators 

and  assigns,  to  pay  said  sum  of  money  above  specified  at  the  time  and  in  the  manner  above  mentioned,  together  with  all 
the  costs  and  expenses,  if  any  there  shall  be;  and,  also,  in  case  of  the  foreclosure  of  this  Mortgage,  the  sum  of .F.iX.t if. -7T. 


■Dollars  as  Attorney's  fees  in  addition  to  all  sums  and  costs  allowed  m  that  behalf  by  law,  whi. 


sum  IS  hereby  acknowledged  and  declared  to  be  a  part  of  the  debt  hereby  secured,  and  which  shall  be  assessed  and  payable 
as  part  of  laid  debt,  and  that  he  will  pay  all  taxes  and  assessments  of  every  nature  that  may  be  assessed  on  laid  premise; 
or  any  part  thereof,  previous  to  the^^y  appointed  by  law  for  the  sale  of  lands  for  town,  city,  county  or  state  taxes.  Jtnd  if 
default  be  made  by  the  said  part^.PP.of  the  first  part,  in  any  of  the  foregoing  provisions,  it  shall  be  lawful  for  the  said 
parl.Y  ■  of  the  second  part. .hX&TTrrrrr.  .heirs,  executors,  administrators  or  assigns,  or. tiX^rrrrrrr. .Attorney  .  to  declare  the 
whole  sum  above  specified  to  be  due  and  payabUa  ,,^  ♦v,»»i«.  ^  '»v.r.4« 

JXTESTlMOXr  WHERROP.  The  said  parC^rof  the  first  pari  haYti.. hereunto  set..VUQ.l.r...ha>u^  and  a/Jlx«i.HlOT 
tea^  the  day  and  year  first  above  written 

Signed,  Sealed  and  Delivered  in  Presence  o( 

...(2.A...Qc<Aji..^.^.. 

'%e^.. 


$,Uit  of  ^zmusota. 

County  .f ...McLe oa 

Oa  this..^}}.^. jcUiy  of..^P.\'.f.^}^.V. ..>#.  D.  191^..,  before  me.  a 

.■^^k*Jr.y...^.y^^AP. .1 - within  and  for  said  County,  personally  appeared 

PJiA?..J.A..?J[U?:?..?..M?!.Aelon..y.i..MA.UgP..hl.3.w^^^^^  

to  me  known  to  he  the  person  B  described  in  and  ivlio  executed  the  foregoing  instrument,  and  acknwvledged 
thatt  he  ^executed  the  same  os-.V^J?..^.?. free  act  and  deed.^ 


<^o\.aT^  public 
Wy  CoDUiii-asion  Ex^jiriss  1915' 

FIG.   4.     MORTGAGE   DEED.     (Second  Page.) 


22  FARMERS'  LAW 

SIGNATURE,  ACKNOWLEDGMENT,  FILING,  ETC 

In  Minnesota,  the  mortgage  deed  is  subject  to  the  same 
regulations  as  to  signature,  seal,  witnesses,  acknowledgment, 
and  record  as  all  other  deeds.  These  requirements  have 
been  given  in  the  previous  chapter.  There  is  also  a  tax  of 
fifteen  cents  for  every  hundred  dollars  (or  fraction  of  a 
hundred  dollars)  of  the  mortgage  debt  for  filing  the  mort- 
gage in  the  office  of  the  register  of  deeds  of  the  county  in 
which  the  land  is  situated.  If  the  mortgage  is  to  run 
through  more  than  five  years  the  filing  fee  is  twenty-five 
cents  per  hundred  dollars  of  the  debt.  This  is  known  as 
the  registration  tax.  In  the  absence  of  an  agreement  this 
tax  must  be  paid  by  the  mortgagee. 

Mortgages  are  effective  in  the  order  of  their  filing,  and, 
in  foreclosing,  the  second  mortgagee  gets  nothing  until  the 
first  mortgage  is  paid  in  full.  For  this  important  reason, 
second  mortgages  are  not  in  great  demand  as  compared  with 
first  mortgages.  This  filing  is  a  protection  to  the  mort- 
gagee and  is  notice  to  the  world  that  he  has  a  lien  on  the 
property  of  the  mortgagor.  Mortgages  not  recorded  are 
of  no  effect  as  against  any  later  purchaser  in  good  faith, 
that  is,  any  person  buying  the  land  or  accepting  a  mortgage 
on  it  for  a  valuable  consideration  and  without  knowledge  of 
the  unrecorded  mortgage. 

DISCHARGE  OF  RECORD 

When  a  mortgage  debt  is  paid  the  mortgage  deed  is 
discharged  of  record  by  filing  in  the  office  of  the  register  of 
deeds  where  the  mortgage  has  been  recorded  a  "certificate 
of  satisfaction"  which  has  been  acknowledged  and  signed  by 
the  mortgagee  or  by  a  memorandum  signed  by  him  on  the 
margin  of  the  record.  Should  the  mortgagee  fail  to  discharge 
the  mortgage  within  ten  days  after  the  date  of  payment  of 


MORTGAGES  23 

the  mortgage  debt  he  is  liable  for  all  damages  due  to  his 
neglect. 

FORECLOSURE 

When  the  debt  which  is  secured  by  the  mortgage  is  not 
paid  as  agreed,  the  mortgagee  has  the  right  to  foreclose. 
Foreclosure  is  simply  the  proceedings  by  which  the  premises 
are  sold  and  the  proceeds  of  the  sale  are  applied  to  the  mort- 
gage debt.  If  the  proceeds  of  the  sale  are  more  than  enough 
to  cover  the  mortgage  debt  and  the  costs  of  foreclosure,  the 
surplus  goes  to  the  mortgagor.  The  sale  is  made  by  the 
sheriff.  After  the  date  of  the  sale  the  mortgagor  has  a  right 
to  redeem  during  twelve  months  by  paying  the  sum  for 
which  the  property  was  sold  and  interest  at  the  rate  pro- 
vided in  the  mortgage  or,  if  the  rate  is  not  fixed  in  the 
mortgage,  at  the  rate  of  six  per  cent. 

CHATTEL  MORTGAGES 

A  chattel  mortgage  is  a  mortgage  on  personal  property 
such  as  crops,  live  stock,  farm  machinery,  furniture,  etc. 
As  in  the  case  of  the  real  estate  mortgage,  it  is  a  condi- 
tional sale  of  the  property  to  secure  a  debt  and  is  void  upon 
the  payment  of  the  debt.  Chattel  mortgages,  since  the 
first  of  July,  1913,  are  filed  with  the  register  of  deeds  of  the 
county  in  which  the  property  mortgaged  is  located.  The 
fee  for  filing  is  ten  cents  for  each  instrument.  After  pay- 
ment of  the  mortgage  debt  by  the  mortgagor  the  mortgagee 
must  satisfy  the  mortgage  by  delivering  satisfactions  to  the 
mortgagor  and  to  the  officer  with  whom  the  mortgage  was 
filed. 

FORECLOSURE  OF  CHATTEL  MORTGAGES 

Where  the  debt  is  not  paid,  foreclosure  may  be  made 
and  the  property  sold.     Ten  days'  notice  must  be  given  the 


24 


FARMERS'  LAW 


giwrn  an  ^m  hg  fhtst  SnsttUs.  -nuii  i.  ..P.rlln.P ,  Miller.; 
Glencoe. 


Sutc  of  MinDecotfl.  ror  the  purpose  of  securing  the  paymeot  of 


"Ninety  and'  no/ 100 


;M«y  ;;i5  :::;::::::;::::::;:::;::::«„^;;  ,„  ,.90..  op. ^.,..juiv,.i^. 


^.■■J■9^A■.J■^■..Tomlln3on. .nd.fal.8 

.  now  ID  my  possession,  owned  by  mo  and  free  from  all  incumbrano*.  to-wit: 

.One  ..i:pan. horse , fourteen^ 
known  as  rick ^ 


PROVIDED.  That  if  the  nnderaigiMd  ihall  pay  the  Mid  debt,  ucoi 
tbholt  ihall  be  made  in  the  pajrmeDt  of  uid  debt  or  aoy  part  thereof, 

John  T.  Tomllnson 


..thai)  <: 


1  the  said  debt  utuafe  or  insecure 

he  ia  hereby  authorised,  either  by  himself  or  accnt,  to  i-ntor  upoo  the  premisoe  where  the  said  property  may  be  aod  remoTe  and  sell  the  same  at  public 
aactioD,  with  a  notice  as  prorided  by  law.  and  without  demand  or  performance,  and  oat  of  the  proceeds  reuin  the  amount  then  owing  on  said  debt,  with  eipensea 

attending  the  same,  including..  A  V.M Dollars  attorney's  fees,  rendering  to  the  undersigned  the  surplus,  after  the  whole  of  said  debt 

t  absolutely  due  and  payable  wbenever  forectoaure  hereof  b  commenced. 
I  and  conatmed  to  be  a  commencement  of  foreclosure. 


Dollan  a 

shall  hare  been  paid,  wnh  charges  aforesaid:  said  attorney's  feea  and  eipensea  a 
aod  the  delivery  of  this  mortgage  to  any  party  with  the  intent  to  have  the  s 

WITNE88..??.yba.d    and  seal   U^.J.^.^.htk,  ol...m}(.:rrrr.z:r^M^. 


..c?..(d!...<&.t*-t.>^., 


:J^«^'■: — ~  - 

FIG.  5.     CHATTEL  MORTGAGE. 


mortgagor  that  the  property  is  to  be  sold  and  ten  days' 
posted  notice  is  required.  The  property  may  be  redeemed 
before  the  sale  or  at  any  time  within  two  days  after  the  sale, 
— before  the  sale,  by  the  payment  of  the  debt  and  all  law- 
ful expense  for  care  of  the  property ;  after  the  sale,  by  paying 
to  the  purchaser  the  amount  for  which  the  property  was 
sold  with  costs  and  expenses  for  keeping  during  the  time 
allowed  for  redemption. 


CHAPTER  V 

LANDLORD  AND  TENANT 

DEFINITIONS 

A  tenant  obtains  the  use  of  a  farm  or  other  real  property 
by  means  of  a  contract  known  as  a  lease.  The  owner  of  the 
farm  in  such  a  case  is  called  the  landlord^  or  lessor,  and 
the  tenant  is  referred  to  as  the  lessee.  The  consideration 
paid  for  the  use  of  the  land  is  rent. 

ORAL  AND  WRITTEN  LEASES 

Leases  ending  within  one  year  from  the  date  of  the  con- 
tract need  not  be  in  writing,  although,  under  most  circum- 
stances, it  is  best  for  them  to  be  so.  But  leases  for  more 
than  a  year  must  be  in  writing;  if  unwritten,  they  are  void 
under  the  Statute  of  Frauds.  By  being  void  is  meant  that 
they  are  not  only  non-enforceable  but  are  of  no  effect.  A 
written  note  or  memorandum  will  pass  for  a  written  lease 
if  it  describes  the  land  with  reasonable  certainty,  contains 
the  names  of  both  the  lessor  and  the  lessee,  the  rental 
agreed  upon,  and  is  signed  by  the  lessor.  It  is  always 
safest  for  both  parties,  however,  if  a  full  formal  lease  cover- 
ing all  the  agreement  is  drawn  up  and  properly  executed. 

COVENANTS  OF  LANDLORD  AND  TENANT 

In  the  lease  both  the  landlord  and  tenant  enter  into 
pledges,  or  covenants,  express  or  implied.  The  implied 
covenants  hold  the  parties  whether  or  not  they  are  men- 
tioned.    The  landlord  impliedly  pledges  quiet  enioyment 


26  FARMERS'  LAW 

Made ffcw. 3rd .^___  Jay o/..Ociober ioi3 


by  and  >^ Herbert  K.  Hanson  • 


party  of  the  first  part,  lessor     .and.^^"^^    "'    "ilUjiraL 


of  the  Township  of.^'VJ^. ' County  ofJ^}*§S><L : r.State  of  Minnesota, 

party  of  the  second  part,  T.fx*r.r.,  —                                                                ^  -t-t- 

WITXESSETH,  Tliat  the  said  party  of  the  first  part,  in  consideration  of  the  rents  and  covenants 
hereinafter  mentioned,  does  hereby  Demise,  Lease  and  Let  unto  the  said  party  of  the  second  part,  and  the 
taid  party  of  the  second  part  does  hereby  hire  and  take  from  the  said  party  of  the  first  part,  the  following 
deteribed  premises,  situated  in  the  County  of  MCLOOd  -7;:;^;=  —-.and  StaU  of  Minnesota,  viz: 

The  NorthweBt  quarter. 

in  Section  Jfumt>er.X(>.'r-.  Township  Xumher.XX^rrr.Jiange  dumber. ^0. M.-^Containing ..2.60.rrrrr:^eret, 
be  the  same  mxire  or  less,  of  which  described  premises  the  second  party  hereby  agrees  to  plow  and  put  into 
crops  nut  less  than..  .?.^?...^M?.?.^'.^^..^.^.?.:: \acres  each  year  during  the  continuance  of  this  Lease. 

To  Have  and  to  HoM.  The  above  rented  premises,  unto  the  taid  second  party,,  u^^.  ..heirs  and  assigns, 
subject  to  the  conditions  and  limitations  hereinafter  m.entioned,  for  and  during  the  fuU  term,  of..*P:TP.P.. 

years  from  and  after  the .^.^.'.^.}. day  of..  .¥^^^- 19J.P...  the  term  of  tkU 

Lease  ending  the...^.):T.^^. day  o/.^y^fi ^W  A 

And  the  said  necond  party  agrees  to  and  with  the  said  first  party  to  pay  as  rent  for  the  abov* 
mentioned  premises,  fur  and  during  the  term  of  this  Lease,  the  sum  of.TiiT.C9.  HWR(iJ!OfX..T.Xt.VYrrr. 

noiinrs,  on  th,.  Xs% , day  pf  Peceaber  19 13 

ana  an  equal  sum  on  the  lat.   day  of  Pecember.   191'»  and  1915  at   the 
First  Katlonal  Bank  or  Hutchinson— '. - 


nnd  in  addition  to  sueh  amount  $..<..... per  acre  for  each  and  every  acre  cultivated  on  above 

described  premises  In  exdeu  of  °"P   hundred    ten ^„j,^ 

and  the  said  second  party  further  agrees  that  in  addition  to  the  rent  before  specified  ..&P. will  also 

pay  all  taxes  that  may  be  assessed  against  said  premises  fur  the  year  *  /y7.7^r/*5...Snu... 1.7.16.. ..anrf 
pay  the  same  before  the  same  become  delinquent. 

And  It  to  fmrUuT  Acn>«,  By  and  betveen  tht  partUi  at  follow:  That  should  th*  taid  teeond  party  fail  to  male*  thtahev* 
wntntiened  payments  as  htrtin  spenfied,  or  to  pnij  any  of  the  rent  afaresaul  when,  due,  or  fail  tofulfl.lt  any  of  tht  eovenants 
Ktrein  contained,  then  and  in  that  cafe  said  first  party  may  rwenter  and  take  possession  of  the  above  rented  premises, 
ttnd  hold  and  enjoy  the  same  without  surh  re-entering  working  a  forfeiture  of  the  rents  to  he  paid  by  the  said  second 
party  for  the  full  term  of  this  lease  That  if  th*  said  first  party  sells  slid  premises  during  the  life  of  this  lease  and 
before  the  erop  is  in  the  ground,  and  desires  to  give  possession  to  .ll^jiurchaser-tlutLthe  second  party  will  forthwith 

surrender  possession  of  said  leased  premises  upon  the  payment  to..:.Z~ of  f^.\r~.....per  acre  for  each  acre  of  said 

premises  newly  plowed,  by  said  second  party  at  the  time  said  possession  is  demanded;  if  sold  after  the  crap  is  in,  then  said 
second  party  shall  have  the  right  to  remove  such  crop  when  ready  to  be  harvested.  That  if  said  first  party  sells  said 
premises  during  the  term  of  this  lease,  the  purchaser  may  at  any  time  enter  upon  the  leased  premises  for  the  purpose  of 
plowing,  breaking  more  land,  summer-fallowing,  cultivating  or  otherwise  improving  any  part  of  said  premises  not  in 
actual  cultivation  by  said  second  parly,  and  without  such  entry  working  any  f..,rfeitur*  of  the  rents  herein  ajreed  to  be 
paid.    That  if  said  second  party  remains  in  possession  of  said  premises  after  the  expiration  of  the  term  for  which 


hereby  leased,  such  possession  shall  not  be  construed  to  be  a  renewal  of  this  lease,  but  to  he  a  tenancy  at  the  will  of  the  said 
first  party,  which  mayL^  terminated  U)wn  ten  days'  notice,  given  by  the  said  first  usrty  in  writing,  either  dtlit 
second  party  or  sent  »0.7>.*™.wiiM  a  sealed  ennlope,  duly  stamped  and  directed  «o.»?Al> .atHUtChlnaOH.- 


first  party,  which  may^fif  terminated  u/xm  ten  days'  notice,  given  by  the  said  first  asrty  in  writing^  either_iUlivered 
}l}^Vf.^^jg  a  sealed  envelope,  duly  stamped  and  dirr'-i'*'''"^''^ 
vhich  is  hereby  declared  by to  be...*lXP. — usual  Post-office  address. 


And  the  said  second  party  also  covenants  and  agrees  to  and  with  the  said  first  party,  not  to  assign  this  tease  or 
underlet  the  above  rented  premises  or  any  part  thereof,  without  first  obtaining  the  written  consent  of  the  said  first  party 

and  that.....^. '..urill,  at  the  expiration  of  the  time  as  herein  recited,  quietly  yield  and  surrender  the  aforesaid 

premises  to  the  said  first  party,  his  heirs  or  assigns,  in  as  good  condition  and  re/fair  as  when  taken,  reasonable  wear  and 
tear  and  damage'by  the  elements  alone  excepted.  Said  second  party  also  covenants  and  agrees  to  cultivate  the  hereby 
teased  premises  xn  a  careful  and  husband-like  manner,  and  to  maintain  and  keen  up  the  fences  so  as  to  protect  alt  crops 
from  injury  and  waste,  and  to  protect  the  fruit  and  shade  trees  thereon,  and  tu  cut  no  green  trees  and  to  commit  no  waste 
cr  damage  on  said  real  estate  and  to  suffir  none  to  bs  done:  and  to  keep  up  and  maintain  in  good  repair  all  buildings, 
stables,  cribs,  fences  and  improvements  on  said  farm;  and  further  agrees  not  to  remove  any  straw  or  manure  front  said 
/arm,  but  to  spread  upon  said  premises  all  manure  made  thereon.  < 

,4nd  the  said  first  parly  covenants  that  the  said  second  party,  on  paying  the  rent  and  porforminf  the  covenants 
aforesaid,  shall  peaceably  and  quittly  have,  hold  and  enjoy  the  said  demised  premises  for  the  term  aforesaid. 

Ta  secure  the  payment  of  the  rents  herein  specified  and  the  faithful  performance  and  strict  ful fillment  of  all  th* 
eevsnants  of  said  second  party  in  this  leas*  contained,  said  second  party  dM-s  hereby  expressly  mortgage  unto  said  first 
party  all  crops  growing  or  grown  on  said  premises  during  the  term  of  this  lease,  and  dees  hereby  expressly  authorize  and 
fully  empower  said  first  party  in  the  case  of  any  default  on  the  part  of  said  second  party  in  paying  said  rent  or  in 
performing  any  of  the  covenants  in  this  least,  to  seize  and  take  r obsession  of  naid  mortgaged,  property  at  once,  and  sell  th* 
tame  at  public  auction,  with  notice  at  provided  by  law,  and  out  of  the  prt,ceeUs  of  said  sale,  to  pay  and  discharge  all 
rents,  damages  and  expenses  which  may  at  th*  tima  b»  due  and  imeurred,  and  pay  over  to  said  second  party  tlu  turplus 
msoney  arising  from  tueh  tat*. 

FIG.  6.     BODY  OF  A  CASH  RENT  FARM  LEASE. 
(With  Chattel  Mortgage  Clause.) 


LANDLORD  AND  TENANT  27 


Jfn  £iKlim0ng  ^htnof,    iioth  piirtiet  have  li*rtunto  get  their  hands  and  seals  the  day  and  year 
hereinbefore  written. 

<::^^t^^)|^^>tVv^  ^g 


.._M..wWt. 1 


Count,  otJ^£M2^ 


On  ihu,  3rd.  day  of  QC.VQPg.r ..A.  D.  I9ll>..  before  me.  a 

Notary   public  — _ — within  and  for  said  County,  personally  appeared 

Herbert  K.  Hanson  and  Edwin  N.  Wllllaas 


to  me  known  to  be  the  person  ^  described  in  and  ii-lio  executed  the  foregoing  instrument,  and  acknowledged 
tlvit  ^ he  y executed  the  same  a*.. \:])P.ST fru  act  and  dud.     ^^—-%      ,.    ^ 

<S4i^. 


jQtary.  Public 

My  COinrclsBlon  Expires  1915 


FIG.  7.     CASH  RENT  FARM  LEASE.  (Signature  and  Acknowledgment.) 

and  the  payment  of  taxes  assessed  against  the  property;  the 
tenant,  that  he  will  pay  the  rent  specified  and  will  make 
tenant-like  repairs.  Contrary  to  general  belief  the  landlord 
is  not  under  obligation  to  keep  the  property  in  repair  unless 
the  lease  so  provides.  Where  the  lease  is  silent,  the  tenant 
is  bound  to  repair  all  ordinary  breakage  and  to  keep  the 
premises  "wind  and  water  tight."  But,  by  statute,  the 
lessee  is  not  liable  for  rent  where,  without  fault  or  neglect 
on  his  part,  the  buildings  are  destroyed  or  so  injured  by  the 
elements  or  other  cause  as  to  be  unfit  for  occupancy,  unless 
the  contract  expressly  so  states.     In  the  lease  of  a  farm  the 


28 


FARMERS'  LAW 


(Ei?i5  dareement;  Made  ^/usjm.., _ ^day  ofQctobei^ - _ 

^.  i?.  ii?  ^3  ,  ^y  and  6e«u;een  Edwin  w..  Williams  oOM„                  Of  i,ynn V  County 
9£.}{9}:!p.9A^3I^^...§l!^k^^^^  -  - > - ^- 

paHy  of  the  first  paH.  and  HerbiEirj. Jt.,„jaanSQ^  -COUnty 

of  NcLeod  and  Btai6  oCUUiM ^ — 

owner  of  the  real  estate  hereinafter  described,  paHy  of  the  second  part 

tPitneSSett;,  That  the  party  of  the  first  part  hereby  agrees  fo  and  with  the  party  of  the  second 
part,  for  the  consideration  hereinafter  named,  to  well  and  faithfully  till  and  farm  during  the  season 

of  farming  in  the  year    i^^A.rrrTrrTTrrr^.commancm^  /i?l^  .,  and 

endingJ^^T9P  Jr.^.^V* .rT^.^ig^.^..-,  inagoodand  husband-like  manner,  and  accordingto 

the  usual  course  of  husbandry,  the  following  described  premises  and  real  estate  situate  in  the  County 
and  State  of  Minnesota,  viz The .  NOI'tnweS  t .. quarter.. 


of- 


UcLeoa 


Of  Section  16  In  Township  116  Nqrth,  Range  30  West  of  the  ^'ourth  Prln- 
cipal  Meridian . 


And  the  said  party  of  the  first  part  hereby  further  agrees  to  sow  and  plant  the  said  land  in  such  crops 
as  the  party  of  the  second  part  may  direct,  but  said  second  party  is  to  furnish  all  seeds  necessary  to  sow 

and  plant  said  land,  and  is  to  pay  one kn*.?.4_ _ of  the  threshing  machine  bill 

far  threshing  the  grain  ^ ■     .  - - 


The  party  of  Ibr  ffr»t  alto  igre<«<o  famUb.  at  h\m  owo  cott  and  eiproae,  all  proper  and  coavenlnittoolt,  tramt,  fltnt11«,farm 
Inplemmta  asd  nacbincr^  (rxrepilriK  a*  bereioBrtor  othrrwiw  provided)  to  carry  on  and  caltivate  said  tnmi  during  said  aeason.  and  to  rnmitb 
AOd  provide  all  proper  aMiitanre  aod  bired  bclp  io  aad  aboot  the  caltivatioa  and  naoageiDeot  of  la'd  farm,  and  to  farm  and  cultlTate  tbc  eaid 
laod>  to  tbc  best  adrantagc  and  according  to  bit  bc«t  aklU  aod  Judgment,  and  to  maintain  and  keep  up  ttae  fences  to  at  to  protect  taid  cropa 
<rom  injury  and  watte,  tut  tecood  party  It  to  fumitb  material;  and  to  watcb.  care  for  aod  protect  the  frtiit  and  »bade  trrrs  tbrrcon.  and  to  cut 
BO  green  tree*  and  to  commit  no  watte  or  damage  oa  taid  rral  ettatc  aad  to  aaOirr  aone  to  be  done,  aod  to  crop  aod  cultivate  tald  laodt,  aod 
barrett.  tfareab  aod  tecure  tbc  cropt  grown  tbereoa  in  a  farmcr-lifcc  ttylc  aad  In  tbc  bett  possible  manner  during  taid  teaton,  and  after  taking  off 
ttae  cropa  to  plow  immediately  la  a  good  aod  proper  manner  to  mocb  aod  tucb  parts  of  taid  farm  tultable  for  a  tuccerding  crop  at  sball  be 
plowed  at  tbc  time  the  party  of  tbc  firtt  part  taket  potaeatioo  thereof,  and  to  keep  up  and  maintain  In  good  repair  all  buildings,  atablet.  rrlbt, 
fencet  and  improTcmentt  on  tald  farm,  but  taid  eecond  party  la  to  faroltb  material;  aod  geoeralUdo  aod  perform  all  proper  aod  ordioary 
work,  labor  care  and  tkill  reguisiu,  ntual  or  oecesaary  to  work  aod  crop  taid  premitet  in  a  proper  manner  aod  ttjic  and  to  the  best  taterestt  a/ 
tbe  party  of  tbc  tecood  part ;  and  fiirtber  agrcet  not  to  remove  any  straw  or  manure  from  said  farm,  bat  to  haul  out  and  spread  on  taid 
fMTmitet  all  manure  made  thereon,  and  not  to  tell  or  remove  or  toflirr  to  be  sold  or  removed  any  of  the  produce  of  taid  farm  or  preroitet.  or  the 
atock.  incrcaae.  income  or  tbe  producta  bercio  mentioned  of  any  fclad,  character  or  description,  until  tbe  division  thereof,  without  the  written 
cooacot  of  the  party  of  the  accond  part;  and  until  such  divlaioo  tbc  title  aod  pottession  of  all  hay,  grain,  crops,  produce,  ttock.  inrreate  Income 
aod  pruductt  raited,  grows  or  produced  on  taid  premisea  tball  be  and  remain  in  tbe  party  of  tbe  tecond  part,  aod  taid  party  of  the  tecood  part 
baa  a  right  to  take  and  bold  enough  of  tbe  cropt,  ttock.  increase,  income  aod  producta  that  would  on  ttae  i 
party  of  tbe  firtt  part,  to  repay  any  and  all  advances  made  to  hir^  by  pai^y  of  the  tecond  part  and  interest 

aonum,  and  also  to  pay  all  indebtedness  due  said  party  of  the  second  part  by  said  party  of  tbc  fir>t  part,  if  any  there  be.  Tbc  party  of  the  firtt 
part  la,  alto,  to  work  out  the  road  tax  on  alt  the  taid  laod.  It  is  aisp  agreed  that  lo  caac  tald  party  of  tbe  firtt  part  oeglecta  or  failt  to  perform 
aoy  of  tbe  conditiooa  aod  terms  of  this  cooiract  on  bit  part  to  be  done  aod  performed,  thro  aaid  party  of  tbe  accond  part  ia  hereby  authorized 
,aod  empowered  to  enter  apoo  taid  premises  and  take  full  and  absolute  potaetsion  of  tbc  tame,  aod  be  may  do  and  perform  %!!  thinga  agreed  to 
be  dODC  by  ttae  party  of  tbc  firit  part  remaioiog  undooe.  aod  to  retain  or  tell  tofficient  of  tbc  cropa  raited  on  taid  premiaca  that  would  otbcrsvttc 
beloag  toaaid  first  party  tf  be  hi^  acc^rmed  the  conditions  hereof,  to  pay  aod  tatisfyall  costs  •o'l  rtpentes  of  every  klndtacarred  ia  performing 

•aid  coatract.  vyith  interest  at A  per  rent  per  anaam,  tbc  resfdne  remaining.  If  any.  of  said  cropa,  ahall  belong  to  tba  Mid  party  of  the 

Arat  part,  after  allcooditioos  arc  folfilled. 


t!''6i5ir.'^'°p:?j 


In,  consideration  of  the  faithful  and  diligent  performance  of  all  the  stipulations  of  this  contract 
by  the  party  of  the  first  part,  the  party  of  the  second  part  agrees,  upon  reasonable  request  thereafter 

made,  to  give  and  deliver  on  said  farm.  the..^V9T^y\%.V:^^. - ■ 

of  aU  grains,  vegetables  i    haV   and    frUlt 

to  raised  and  secured  upon  said  farm  during  taid  season 


FIG.  8.     BODY  OF  FARM  LEASE.     (With  Crop  on  Shares.) 


LA-KDLORD  AND  TENANT  2d 

3n  (CeStimOni)  tPbereof,  Both  partUt  have  hereunto  set  their  hands  and  seals  the^ay  and  year 


hereinbefore  written. 

signed.  Seated  and  Delivered  in  Premenet  of 


[  Seal 


State  of  Zninnesoto,  \ 

County  of  }*9.hP.9.± L 

. /  On  this-3ffL,. -tZay  of  QC  t  ObCT. -Jl.  D. 

19  1J._,  before  me.  a39AMV..?^^l%9. - within 

and  for  said  Count ij,  personally  appeared    EdWlXl  U  .    Wllllnrna    find 

Herbert  K.  Hanson  - . 

to  me  known  to  be  the  pcrson^.....described  in  and  who  executed  the  foregoing 
instrument  and  acknowledged  that^^  heV    executed  the  same  as VhS.%V....fre» 

'""^'"'-      <-^^tM4/Av/- - - 

Notary  public  

Uy  Comfiisaibh  Expires  T91 
FIG.  9.     FARM  LEASE  WITH  CROP  ON  SHARES. 
(Signature  and  Acknowledgment.) 

lessee  also  impliedly  promises  to  cultivate  it  in  a  husband- 
like manner. 

TENURE  OF  THE  LEASE 

A  tenant  of  a  farm  who  plans  not  to  have  a  lease  extend- 
ed should  move  from  the  leased  property  at  the  end  of  the 
term,  for,  if  a  tenant  has  been  in  possession  under  a  lease 
for  one  or  more  years  and  holds  over  without  making  a  new 
lease,  he  may  be  considered  a  "tenant  from  year  to  year." 
This  means  that  his  term  is  extended  for  a  year  beyond  the 
date  of  the  termination  of  the  lease. 

The  relation  of  landlord  and  tenant  may  cease  (1)  by 
the  consent  of  both  parties,  (2)  by  breach  of  covenant,  or 
(3)  by  eviction  of  the  tenant.  If  the  lease  is  oral,  an  oral 
agreement  to  end  the  relation  of  landlord  and  tenant  is 
valid ;  but  if  the  lease  is  in  writing,  an  oral  surrender  is  not 
enough  unless  the  landlord  takes  actual  possession.'  If  the 
tenant  breaks  an  express  or  implied  covenant  the  landlord 
usually  has  the  right  of  re-entry. 


30  FARMERS'  LAW 

EVICTION 
In  Minnesota,  when  a  lessee  holds  over  lands  after  the 
termination  of  the  time  for  which  they  are  leased  to  him,  or 
contrary  to  the  conditions  or  covenants  of  the  lease,  or 
after  any  rent  comes  due  according  to  the  terms  of  the 
lease,  the  person  entitled  to  the  premises  may  obtain  posses- 
sion by  an  action  in  court. 

RIGHTS  OF  THE  LESSEE  TO  EMBLEMENTS 
When,  through  some  cause  not  the  fault  of  the  lessee, 
the  relation  of  landlord  and  tenant  ends,  the  tenant  is  en- 
titled to  emblements.  Thus,  all  grains  and  other  products 
planted  and  cultivated  by  the  tenant  are  his  to  harvest,  if 
the  lease  is  terminated  through  some  act  not  his.  But  if 
the  cause  of  the  termination  rests  with  the  tenant,  he  must 
suffer  the  loss  of  the  emblements.  Whenever  the  landlord 
re-enters  the  farm  he  is  entitled  to  the  crops. 

DIVIDING  CROPS  UNDER  LEASE  ON  SHARES 
Where  the  lease  provides  that  the  tenant  shall  farm  the 
land  on  shares  and  no  time  is  set  for  dividing  the  crop,  the 
time  for  division  is  taken  to  be  the  date  when  the  crop  is 
harvested. 

ESTOVERS 

A  tenant,  unless  the  lease  so  directs,  may  not  cut  the 
standing  timber  on  the  land  in  order  to  sell  it.  He  may 
not  dispose  of  it  in  any  other  way.  What  he  cuts  must  be 
used  on  the  farm.  He  is  not  permitted  to  cut  down  live 
trees  for  fuel,  although  he  has  the  right  to  use  all  dead 
standing  and  fallen  timber  for  this  purpose.  He  may  also 
cut  standing  timber  for  purposes  of  repair. 

A  statement  as  to  who  has  the  right  to  manure  on  a  farm 
that  is  being  worked  under  a  lease  is  made  in  the  chapter  on 
Farm  Products. 


CHAPTER  VI 

FARM  LABORERS 

All  persons  who  work  for  others  are  classed  in  law  as 
servants.  The  relation  of  the  farmer  and  the  laborer  he 
hires  is  that  of  master  and  servant,  or  employer  and  em- 
ployee. The  contract  is  an  agreement  to  perform  some  gen- 
eral or  particular  farm  service  for  pay  or  wages. 

Under  the  Statute  of  Frauds,  if  the  employment  is  to  be 
for  a  year  or  more,  the  contract,  to  be  valid,  is  required  to  be 
in  writing.  For  periods  of  service  of  less  than  a  year  the 
contract  may  be  an  oral  agreement.  Whether  the  agree- 
ment be  oral  or  written,  it  is  important  that  there  be  a  very 
clear  understanding  between  employer  and  employee  as  to 
the  obligations  of  each  in  the  contract. 

If  the  amount  of  the  wages  is  not  definitely  agreed  upon 
at  the  time  the  laborer  enters  into  the  service,  he  may 
collect  "reasonable"  wages.  Reasonable  wages  are  those 
commonly  being  paid  for  like  services  at  the  time  and  place 
where  the  wages  are  in  question.  When  a  laborer  performs 
services  for  an  employer,  it  is  taken  for  granted  that  com- 
pensation is  to  be  made. 

Where  the  length  of  the  employment  is  not  fixed  by  an 
agreement  of  employer  and  employee,  either  may  end  the 
term  at  any  time.  Where  the  employment  is  for  a  fixed 
time,  the  laborer  is  bound  to  serve  during  such  time,  except 
for  cause  such  as  sickness,  other  physical  inability,  or  failure 
of  the  employer  to  carry  out  his  part  of  the  contract.  The 
employer,  on  his  part,  is  bound  to  provide  the  employee 


32  FARMERS'  LAW 

with  work  for  all  the  time  pledged  in  the  contract,  and  he 
can  not  plead  that  he  has  no  work  for  the  employee.  Where 
the  employee  remains  idle  under  such  a  contract,  the 
employer  is  liable  to  make  compensation  according  to  the 
terms  of  the  contract.  A  laborer  who  is  discharged  by  his 
employer,  even  for  sufficient  cause,  has  a  right  to  his  wages 
until  the  time  of  dismissal.  But,  if  he  quits  work  before  his 
time  is  up  or  before  the  work  contracted  to  be  done  is  com- 
pleted, without  good  excuse,  he  is  entitled  to  no  pay. 

The  employer  has  a  right  to  discharge  a  laborer  for  any 
good  cause.  Some  good  grounds  for  discharge  are:  refusal 
to  obey  a  reasonable  order,  habitual  drunkenness,  insolence 
toward  employer,  absence  for  a  day  without  permission 
during  a  season  when  his  labor  is  greatly  needed,  criminal 
offences,  etc..  On  the  other  hand,  an  employee  may  quit 
the  service  of  his  employer  for,  among  others,  the  following 
reasons:  where  the  lodging  furnished  by  the  employer  is 
uncleanly  or  the  food  unwholesome,  if  the  employer  is  cruel 
toward  his  servant,  if  he  requires  the  servant  to  work  beyond 
necessary  care  of  livestock  on  Sundays,  and  if  the  hours  of 
labor  are  unreasonable.  In  reviewing  these  grievances  it  is 
well  to  recall  that  farm  laborers  in  Minnesota  do  not  come 
under  the  statute  making  ten  hours  a  day's  work  for  hire. 

In  Minnesota,  payment  to  a  minor  of  wages  is  valid 
payment  unless  the  parent  or  guardian  notifies  the  em- 
ployer to  the  contrary.  A  minor  is  any  male  person  under 
twenty-one  years  of  age  and  any  female  under  eighteen. 

It  is  a  well  established  principle  of  common  law  that  a 
man  must  manage  his  own  affairs  so  as  not  to  injure  others. 
This  principFe  applies  whether  a  man  acts  in  person  or 
through  an  agent.  An  employer  is  thus  made  responsible 
for  injury  done  through  the  negligence  of  his  servant  while 
about  the  performance  of  duties  for  which  he  is  hired. 


CHAPTER  VII 

FARM  PRODUCTS 

Trees  and  other  natural  products  are  considered  real 
property  until  they  are  detached  from  the  earth  as  separate 
things.  Detached,  they  are  personal  property.  For  in- 
stance, standing  timber  is  considered  real  estate,  but  when 
cut  into  cordwood  it  becomes  personal  property.  When 
we  consider  crops*,  however,  we  find  them  divided  into  two 
classes:  those  that  grow  without  special  cultivation  and 
those  that  return  the  labor  and  expense  put  upon  them 
strictly  within  the  year.  The  latter  are  known  as  emble- 
ments. Grasses,  both  wild  and  tame,  growing  from  year  to 
year,  and  fruit  growing  on  trees  or  bushes  are  examples  of 
the  former,  while  corn,  wheat,  oats,  and  vegetables  are 
examples  of  emblements.  Emblements  are  held  in  law 
as  personal  property  even  before  they  are  severed  from  the 
soil  and  are,  of  course,  personal  property  after  being 
detached,  while  the  others  are  real  property  until  detached, 
when  they  become  personal  property.  Under  modern 
methods  of  fruit  growing,  orchards  are  cultivated  and  fertil- 
ized, thus  increasing  the  yield  by  yearly  labor.  But  this 
does  not  place  the  yield  in  the  class  of  chattels  before  the 
yield  is  severed  from  the  trees  or  bushes. 

The  reason  for  using  space  here  for  making  the  above 
classes  will  be  seen  from  the  following  applications.  Con- 
tracts for  transfers  of  real  estate  are  void  if  not  written. 
Therefore,  for  instance,  an  oral  contract  for  the  sale  of 
wild  grass  on  uncultivated  land  or  of  fruit  on  trees  in  an 


34  FARMERS'  LAW 

orchard  is  of  no  effect.  Such  contracts  must  be  in  writing. 
But  contracts  for  emblements  are  merely  sales  of  chattels 
and  are  valid  if  oral  and  to  be  performed  within  the  year. 
If,  however,  the  owner  is  to  cut  the  grass  or  pick  the  fruit, 
the  sale  will  not  be  completed  until  these  crops  are  severed. 
When  severed  they  are  no  longer  part  of  the  real  estate, 
and  the  contract  becomes  valid.  Another  interesting  appli- 
cation frequently  made  use  of  grows  out  of  these  distinc- 
tions. The  theft  of  a  part  of  the  real  estate  is  in  reality 
trespass.  Theft  of  personal  property  is  larceny.  But,  in 
the  act  of  severing  the  crops  from  the  soil,  the  thief  converts 
real  into  personal  property  and,  for  carrying  away  this  per- 
sonal property,  he  may  be  charged  with  larceny. 

MANURE 

Manure  is  usually  considered  real  property  and,  in  a 
transfer  of  a  farm  by  deed  or  otherwise,  is  treated  as  a  part 
of  the  farm.  Manure  produced  on  a  leased  farm  is  the 
property,  not  of  the  tenant,  but  of  the  farm  owner.  A 
tenant  would  not,  therefore,  be  acting  within  his  right  if  he 
sold  the  manure.  One  might  easily  imagine,  however,  a 
case  where  the  tenant  fed  a  large  herd  of  stock  for  market 
with  feed  that  was  purchased  and  not  raised  on  the  farm 
occupied  by  the  tenant,  that  is,  where  the  farm  could  not 
produce  enough  feed  for  so  much  stock.  In  such  a  case  one 
would  be  correct  in  assuming  that  to  the  tenant  would 
belong  the  additional  manure. 

LEVY  UPON  GRAIN 

A  levy  may  be  made  upon  growing  grain  or  grass,  but  no 
sale  shall  be  made  under  such  a  levy  until  the  grain  or  grass 
is  ripe  or  fit  to  be  harvested.  But  provisions  for  the 
debtor  and  his  family  for  one  year,  either  provided  or  grow- 


FARM  PRODUCTS  35 

ing,  and  necessary  seed  for  actual  personal  use  for  one  season 
not  to  exceed  one  hundred  bushels  each  of  wheat,  barley, 
potatoes,  and  oats,  and  ten  bushels  of  corn  may  not  be  taken 
by  the  owner's  creditors. 

DAMAGE  TO  CROPS 

A  farmer  may  recover  the  value  of  crops  damaged  or 
destroyed  by  the  neglect  of  another  person.  If  this  damage 
is  due  to  the  servant  or  agent  of  that  other  person  or  of  a  cor- 
poration, it  is  just  as  if  the  destruction  had  been  caused  by 
the  employer.  A  common  example  of  this  is  the  burning 
of  grain  in  the  shock  or  stack  caused  by  sparks  from  a  rail- 
road engine.  By  statute  in  Minnesota,  the  fact  that  the 
fire  was  so  scattered  is  considered  prima  facie  evidence  of 
neglect. 

SEED  GRAIN  CONTRACTS 

Crops  are  often  subject  to  a  chattel  mortgage  given 
when  the  seed  grain  is  purchased.  To  secure  the  loan  or 
purchase  of  seed  grain,  where  the  farmer  has  not  the  ready 
money  to  pay  for  the  same,  it  is  rather  common  for  the  buyer 
to  give  the  lender  or  seller  a  note  of  contract  that  contains  a 
statement  of  the  amount  and  kind  of  seed  and  the  other 
terms  of  the  agreement.  The  instrument  is  then  filed  with 
the  register  of  deeds  of  the  county  in  which  the  crop  to 
be  grown  is  located,  as  in  the  case  of  any  chattel  mortgage. 
The  mortgagee  then  has  a  legal  claim  upon  the  crop  grown 
from  the  seed  according  to  the  terms  of  the  agreement. 
This  lien  extends  through  one  year  from  the  date  of  filing 
the  contract  and  precedes  all  other  liens  upon  the  crop. 

THRESHER'S  LIEN 

Any  person  owning  and  operating  a  threshing  machine 
has  a  lien  upon  grain  threshed  for  the  price  of  the  work  of 


36  FARMERS'  LAW 

threshing  it.  Such  a  legal  claim  precedes  all  other  liens 
except  for  the  seed  from  which  the  grain  was  grown.  In 
order  to  have  such  a  lien,  the  thresher  should  file  with  the 
town  clerk  a  sworn  statement  of  the  amount  and  kinds  of 
grain  threshed  and  the  date  of  the  work  with  the  rate  per 
bushel,  total  charge,  amounts  paid  thereon,  if  any,  and  the 
balance  due,  as  well  as  the  name  of  the  owner  and  the  person 
who  requested  the  work  to  be  done.  This  filing  must  be 
done  within  ten  days  after  the  threshing  is  completed.  An 
action  to  foreclose  the  lien  must  be  begun  within  six  months 
of  the  date  of  the  filing.  As  much  grain  is  seized  as  will  pay 
the  amount  of  the  claim  and  cost  of  seizure  and  sale. 

DAIRY  PRODUCTS 

Persons  selling  milk  or  cream  in  any  village  or  city, 
except  for  the  purpose  of  supplying  a  butter  or  cheese  fac- 
tory, must  secure  a  license  from  the  State  Dairy  and  Food 
Commissioner.  The  license  fee  is  one  dollar  for  each  vehicle 
or  place  from  which  the  sale  of  milk  or  cream  is  made. 
These  licenses  expire  May  1 .  But  persons  keeping  not  more 
than  three  cows  and  selling  no  milk  or  cream  except  from 
those  three  cows  need  not  secure  a  license. 

No  preservatives  like  borax,  boric  acid,  salicylic  acid,  or 
formaldehyde  may  be  used  in  milk,  butter,  or  cheese.  The 
fine  for  each  offense  of  this  kind  is  not  less  than  $15  and  not 
more  than  $25. 

No  person  is  permitted  to  sell  unwholesome  or  adulter- 
ated milk  or  cream.  Within  the  meaning  of  the  law  un- 
wholesome or  adulterated  milk  is  such  as  has  been  drawn 
from  cows  kept  in  filthy  or  unsanitary  places,  or  from 
unclean  or  diseased  cows,  or  from  cows  fed  upon  garbage  or 
decayed  substances  in  any  form.  Cream  taken  from  milk 
of  this  kind  is  considered   unwholesome  or  adulterated. 


FARM  PRODUCTS  37 

Furthermore,  milk  containing  more  than  87  per  cent  of 
water,  or  less  than  3}/4  per  cent  of  butterfat,  and  cream 
containing  less  than  20  per  cent  of  butterfat  are  considered 
adulterated. 

Statute  provides  that  milk  and  cream  purchased  for 
manufacturing  butter  or  cheese  must  be  paid  for  by 
weight  and  upon  the  basis  of  its  content  of  butterfat.  The 
Babcock  test  must  be  used  for  finding  the  per  cent  of  butter- 
fat. 

UNFAIR  DISCRiMINATION  IN  PRICES  PAID 
FOR  DAIRY  PRODUCTS 

Persons  or  firms  engaged  in  the  business  of  buying  milk, 
cream  or  butterfat  for  the  purpose  of  manufacture  are  for- 
bidden to  pay  higher  prices  in  one  locality  than  another. 
Of  course,  in  comparing  prices  that  may  come  under  the 
application  of  this  law,  due  allowance  must  be  made  for  any 
real  differences  in  the  cost  of  carrying  from  the  place  of 
purchase  to  the  place  of  manufacture.  The  penalty  for 
breaking  the  law  is  a  fine  of  not  more  than  $500  or  impris- 
onment in  the  county  jail  for  not  more  than  six  months. 

THE  "65  MILE"  LAW 

A  recent  piece  of  legislation  is  the  "65  mile"  law,  which 
forbids  the  shipment  of  cream  for  a  distance  of  more  than  65 
miles  unless  the  shipment  is  made  in  a  refrigerator  car  or 
unless  the  cream  has  been  effectively  pasteurized.  For 
offences  under  this  law  agents  and  ^ailroad  companies  are 
made  punishable  by  fines  of  from  $15  to  $75. 


CHAPTER  VIII 

NURSERY  STOCK 

INSPECTION  OF  NURSERY  STOCK 

A  much-needed  law  on  inspection  of  nursery  stock  was 
passed  by  the  State  Legislature  at  its  1913  session.  This 
law  makes  the  state  entomologist  also  the  state  inspector  of 
nurseries  and  gives  him  free  access  to  all  fields,  packing 
grounds,  buildings,  cellars,  and  other  places  in  order  to 
carry  out  its  provisions.  Under  this  act  all  nursery  men 
and  all  others  having  nursery  stock  in  charge  are  required 
to  make  application  for  inspection  on  or  before  May  1  of 
each  year.  The  inspection  is  done  between  May  1  and 
September  30.  Certificates  are  issued  to  all  nurseries  where 
the  stock  is  found  free  from  injurious  insects  or  contagious 
diseases.  A  fee  of  five  dollars  must  be  paid  by  the  appli- 
cant before  the  certificate  is  issued. 

INFESTED  NURSERY  STOCK 

Should  the  inspector,  in  carrying  out  the  duties  of  his 
office,  find  a  dangerous  insect  pest  or  plant  disease,  he  may 
inform  the  owner  in  writing  by  what  means  it  can  be  eradi- 
cated. Should  he  find  the  stock  so  badly  infested  that 
treatment  will  not  be  eff"ective,  he  may  order  the  owner  to 
destroy  the  stock.  If  his  orders  are  not  obeyed,  the  state 
inspector  shall  order  the  work  done  and  if  the  costs  of  the 
work  are  not  paid  within  sixty  days,  they  may  be  collected 
by  the  county  attorney  in  civil  action. 


NURSERY  STOCK  39 

SHIPMENT  WITHIN  THE  STATE 

All  shipments  of  nursery  stock  from  any  point  in  the 
state  to  other  points  within  the  state  must  be  accompanied 
by  certificates  of  inspection  on  each  package.  Railroad  and 
express  companies  are  forbidden  to  take  stock  for  shipment 
that  is  not  so  tagged. 

NURSERY  STOCK  FROM  OUTSIDE  THE  STATE 

All  nursery  stock  brought  into  the  state  must  be  accom- 
panied by  a  certificate  from  the  inspector  or  other  proper 
official  of  the  state  from  which  it  comes.  The  certificate 
must  state  that  the  stock  is  free  from  pests  and  diseases. 
Certificates  of  firms  in  other  states  must  be  on  file  with  the 
Minnesota  inspector  before  such  firms  are  permitted  to  ship 
into  the  state  for  distribution  or  sale.  Foreign  grown 
stock  imported  into  Minnesota  under  the  Federal  quaran- 
tine law  is  to  be  inspected  at  the  point  of  its  destination. 
Such  stock  may  not  be  opened  unless  the  inspector  is  pres- 
ent. He  is  to  be  notified  at  least  forty-eight  hours  in 
advance  of  the  opening  of  the  package  so  that  he  may  be 
present. 


CHAPTER  IX 

THE  SEED  LAW 

THE  LAW  IN  GENERAL 

During  its  1913  session  the  State  Legislature  passed  an 
"Agricultural  Seed  Law"  which  promises  to  be  of  great 
importance  and  value  to  farmers.  This  law  makes  for  com- 
pulsory labeling,  free  testing,  and  state  inspection  of  seed. 
It  provides,  also,  what  many  otherwise  good  laws  fail  to  do, 
for  its  own  enforcement  and  for  penalties  for  its  violation. 

WHAT  SEED  THE  LAW  INCLUDES 

The  law  is  intended  to  include  "red  clover,  white  clover, 
alsike  clover,  alfalfa,  Kentucky  bluegrass,  timothy,  brome 
grass,  orchard  grass,  redtop,  meadow  fescue,  oat  grass,  rye 
grass  and  other  grasses  and  forage  plants,  corn,  flax,  rape, 
wheat,  oats,  barley,  rye,  buckwheat  and  other  cereals," 
and  these  only  when  they  are  "sold  or  offered  or  exposed  for 
sale,  or  had  in  possession  with  intent  to  sell  within  the 
state  for  purposes  of  seeding." 

LABELING 

If  the  above  seeds  are  in  lots  of  one  pound  or  more,  they 
must  be  labeled.  According  to  the  statute  the  label  must 
be  in  writing  or  in  printing  which  must  be  as  large  at  least 
as  "EIGHT  POINT  HEAVY  GOTHIC  CAPITALS."  The 
writing  or  printing  must  be  in  English.    The  label  must  give : 

( 1 )  The  commonly  used  name  of  the  seed .  I f  a  variety 
name  is  used,  it  must  be  the  correct  one. 


THE  SEED  LAW  .  41 

(2)  The  percentage  of  germination  of  the  seed,  that  is, 
the  percentage  of  the  seed  that  will  start  to  grow.  As  differ- 
ent samples  of  the  same  seed  do  not  germinate  with  exactly 
the  same  percentage,  only  the  approximate  percentage  needs 
to  be  on  the  label.  The  date  of  the  test  for  germination 
must  also  be  given. 

(3)  The  percentage  by  weight  of  the  seed  of  quack 
grass,  Canada  thistle,  perennial  sow  thistle,  and  dodder,  if 
any,  contained  in  the  seed.  The  percentage  here  also  needs 
only  to  be  approximate. 

(4)  The  approximate  percentage  by  weight  of  pure 
seed. 

(5)  The  place  where  the  seed  was  grown.  If  it  was 
grown  in  the  state,  the  label  should  contain  the  words 
"grown  in  Minnesota,"  except  that  the  label  for  corn  should 
contain  the  name  of  the  county  where  grown.  If  the  seed 
is  brought  in  from  outside  th&  state,  the  label  should  tell 
from  what  state  or  country,  v 

(6)  The  full  name  and  address  of i  the  person  selling  or 
offering  the  seed  for  sale.       '- 

EXCEPTIONS  AS  TO  LABELiNG 

Persons  selling  seed  that  is  to  be  cleaned  before  it  is 
offered  for  sale  for  use  as  seed  are  excused  from  attaching 
a  label  as  above  described  if  they  have  marked  on  the  out- 
side of  the  container  "not  cleaned  seed."  Also,  if  such  seed 
is  to  be  shipped  outside  the  state,  it  needs  only  to  be  marked 
"not  cleaned."  Lawn  grass  mixtures  are  excepted  from 
the  parts  of  the  label  given  under  (1)  and  (5)  above. 

PENALTIES  FOR  VIOLATING  THE  LAW 

Those  who  violate  any  of  the  provisions  of  the  law  are 
guilty  of  a  misdemeanor  and  when  convicted  will  be  fined 


42-  FARMERS'  LAW 

for  the  first  offense  not  less  than  $10  and  costs  nor  more 
than  $100  and  costs.  For  a  second  or  later  offense  the 
penalty  is  not  less  than  $100  and  costs  nor  more  than  $500 
and  costs. 

TESTING  AND  INSPECTING  SEED 

The  Agricultural  Experiment  Station  at  St.  Anthony 
Park  has  full  charge  of  inspecting,  examining,  and  testing 
seeds  sold  or  offered  for  sale  in  the  state.  For  this  work 
the  Station  or  its  agents  are  given  free  access  to  the  seed 
at  all  reasonable  hours  whether  on  the  premises  or  elsewhere. 
To  make  proper  tests  these  agents  may  take  samples  of 
seeds  by  offering  payment  for  them. 

Any  citizen  of  Minnesota  may  have  samples  of  seed 
tested  and  analyzed  free  of  charge  by  sending  them  to  the 
Agricultural  Experiment  Station  at  St.  Anthony  Park  and 
paying  transportation  charges.  The  authorities  at  the  Sta- 
tion have  made  some  rules  for  the  regulation  of  testing  and 
analyzing  work  which  all  senders  will  do  well  to  follow. 
The  most  important  are  here  given: 

(1)  Samples  should  be  sent  by  mail. 

(2)  State  whether  purity  or  germination  test  or  both 
are  wanted. 

(3)  Samples  of  small  seeds,  such  as  grasses,  should 
weigh  from  one  to  two  ounces. 

(4)  Samples  of  large  seed,  such  as  grains,  should  weigh 
from  two  to  four  ounces. 

(5)  With  every  sample  should  be  included  the  follow- 
ing: 

(a)  Name  and  address  of  the  sender. 

(b)  A  number  on  each  package  when  more  than 
one  sample  is  sent. 


THE  SEED  LAW  43 

(c)  If  the  seed  is  home  grown  it  should  be  so 
stated. 

(d)  If  the  seed  was  purchased,  the  name  of  the 
person  of  firm  from  whom  purchased. 

(6)     The  reports  of  the  tests  are  for  private  information 
and  can  not  be  used  for  advertising  purposes. 


CHAPTER  X 

WEEDS 

Under  the  Laws  of  Minnesota  each  of  the  following 
plants  has  been  declared  noxious  and  a  common  nuisance : 
(1)  wild  mustard,  (2)  wild  oats,  (3)  cocklebur,  (4)  burdock, 
(5)  tumble  mustard,  (6)  Canada  thistle,  (7)  oxeye  daisy,  (8) 
quack  grass,  (9)  French  weed,  (10)  Russian  thistle.  Per- 
sons owning,  occupying,  or  controlling  land  are  forbidden 
to  permit  the  first  eight  plants  in  this  list  to  go  to  seed  on 
that  land.  Furthermore,  Canada  thistle,  oxeye  daisy,  and 
quack  grass  may  not  for  two  successive  years  be  allowed  to 
reproduce  themselves  by  crowns,  underground  stems,  or 
buds.  French  weed  is  to  be  prevented  from  producing 
seed  for  more  than  four  successive  years  and  Russian  thistle 
must  be  kept  from  growing  at  all.  In  addition,  any  owner, 
occupant,  or  person  controlling  lands  is  forbidden  to  permit 
these  weeds  and  a  list  of  others,  including  white  daisy,  snap 
dragon  or  toad  flax,  sow  thistle,  sour  dock,  yellow  dock,  or 
other  weeds  or  grasses,  to  grow  on  the  half  of  the  highway 
abutting  on  those  lands. 

The  method  of  enforcing  this  law  is  provided  as  follows : 
Upon  written  complaint  to  the  chairman  of  the  town  board 
he  must  at  once  inspect  the  premises  complained  of.  If  he 
finds  the  complaint  well-founded,  he  has  written  notice 
served  upon  the  person  permitting  the  weeds  to  grow, 
directing  him  to  carry  out  the  requirements  of  the  law 
within  sixty  days.  If  the  notice  is  not  obeyed  within  this 
time,  the  overseer  of  the  roads  must  immediately  destroy 


WEEDS  45 

the  weeds,  make  report  of  the  work  to  the  town  clerk,  with 
an  itemized  account  of  his  services  in  so  doing.  The 
account  shall  include  two  dollars  per  day  for  the  time  of 
his  necessary  employment.  Wages  for  men  and  teams  to 
do  the  work  may  be  allowed  at  the  rates  paid  for  labor  upon 
roads.  The  town  is  to  pay  the  bill  from  its  road  funds, 
and,  if  the  sum  is  not  paid  by  the  owner  or  occupant  before 
October  1,  the  county  auditor,  upon  notice  of  the  town 
clerk,  extends  the  same  upon  the  tax  list  as  an  additional 
tax  upon  the  land.  Where  noxious  weeds  are  so  mixed 
with  the  growing  crop  that  the  weeds  can  not  be  eradicated 
without  serious  damage  to  the  crop,  a  written  agreement 
may  be  made  with  the  chairman  of  the  town  board  by  the 
owner  or  occupant  to  destroy  the  weeds  in  specified  parts  of 
the  land  and  to  properly  treat  the  remainder  when  the  crop 
has  matured. 

Every  person  or  officer  failing  to  carry  out  the  provi- 
sions of  this  statute  on  weeds  as  these  provisions  bear  upon 
him  is  guilty  of  a  misdemeanor. 


CHAPTER  XI 

FARM  ANIMALS 

ESTRAYS 

Legally,  an  estray  is  an  animal  found  wandering  free 
from  the  care  of  its  owner,  who  is  not  known.  An  animal 
which  has  escaped  for  a  brief  time  only  and  wandered  but  a 
short  distance  and  the  owner  of  which  is  known  can  not  be 
considered  an  estray.  No  person  in  Minnesota  may  take 
up  an  estray,  except  a  horse  or  mule,  unless  he  finds  the 
animal  upon  lands  owned  or  occupied  by  himself  and  in  the 
town  where  he  lives.  The  owner  of  an  estray  must  pay  all 
reasonable  charges  for  care  and  feed  where,  in  his  search,  he 
finds  the  person  who  has  taken  up  the  animal.  If  the 
owner  of  an  estray  that  exceeds  five  dollars  in  value  remains 
unknown,  the  finder  is  required  to  give  four  weeks'  published 
notice  of  the  estray.  The  notice  must  contain  a  brief 
description  of  the  animal,  name  and  residence  of  the  finder, 
and  the  time  and  place  of  taking  up.  If  the  value  is  less 
than  five  dollars,  the  finder  is  required  to  give  posted  notice 
only.  Where  the  estray  is  less  than  ten  dollars  in  value  and 
if  no  claimant  causes  its  return  to  him,  the  finder  becomes  the 
owner  without  further  procedure;  but  where  the  value  is  ten 
dollars  or  more  the  animal  is  to  be  appraised  by  a  justice  of 
the  peace.  In  this  case,  if  no  one  makes  claim  or  pays  all 
reasonable  costs,  the  justice,  at  the  request  of  the  finder, 
orders  any  constable  in  the  county  to  sell  the  animal  at  pub- 
lic auction.  After  deducting  all  reasonable  charges  the 
officer  must  deposit  the  remainder  of  the  money  with  the 


FARM  ANIMALS  47 

county    treasurer.     If    money    deposited    is    not    claimed 
within  one  year,  it  is  paid  over  to  the  public  school  fund. 

DISTRAINING 

Whenever  an  owner  or  occupant  of  lands  finds  any 
beasts  doing  damage  thereon,  before  returning  the  animals 
to  their  owner  or  keeper  and  until  damages  are  fixed,  he 
may  keep  such  animals  on  his  premises  or  in  the  public 
pound.  Any  person  so  distraining  must  give  notice  to  the 
owner  and  apply  to  a  justice  of  the  peace  to  fix  the  amount 
of  damages.  Any  time  before  this  appraisal  has  been  made 
or  action  is  brought  to  recover  the  damages  caused  by  ani- 
mals, the  owner  may  offer  the  distrainer  the  amount  he 
claims  in  damages.  If  the  amount  of  damages  fixed  by 
the  appraiser  is  not  paid  within  twenty-four  hours,  the  ani- 
mals are  to  be  placed  in  the  public  pound  by  the  pound- 
master  and  sold  at  public  auction  after  three  days*  posted 
notice.  If  there  is  no  public  pound  the  sheriff  or  any 
constable  shall  sell  the  beasts.  The  purchaser  of  any  such 
animals  sold  for  damages  must  keep  them  at  least  two 
months,  during  which  time  the  owner  may  redeem  them 
by  paying  all  costs  of  keeping  and  the  amount  paid  for 
them  at  the  sale  with  interest  at  twelve  per  cent  per  year. 

LIABILITY  OF  RAILROADS 

Every  railroad  company  is  required  to  build  and  keep 
upon  each  side  of  all  roads  owned  and  operated  by  it  "good 
and  substantial  fences,"  except  at  station  and  depot  grounds 
and  other  places  which  the  business  of  the  road  or  public 
convenience  requires  to  be  open.  Where  a  company  does 
not  meet  this  requirement,  it  is  liable  for  all  domestic  ani- 
mals killed  or  injured  by  this  negligence. 


48  FARMERS'  LAW 

DAMAGE  CAUSED  BY  ANIMALS 

When  horses  run  away  after  being  left  loose  or  unat- 
tended in  a  public  road  or  street  the  owner  must  pay  for  all 
damages  they  cause  in  running  away,  as  his  failure  to 
secure  the  animals  or  attend  them  is  considered  negligence 
in  him.  But  if  a  horse,  against  all  that  a  driver  can  do, 
while  being  driven  along  a  public  road,  works  damage  by 
running  off  the  road  into  adjoining  property,  the  owner  of 
the  horse  need  not  make  good  the  loss  caused  by  this  act. 
Generally,  owners  are  liable  for  damage  caused  by  their 
livestock  in  trespassing  upon  fenced  lands,  but  such  an 
owner  is  not  liable  where  the  lands  are  not  inclosed,  unless 
he  knowingly  drives  the  animals  upon  the  open  land  of 
some  other  person. 

DISEASED  ANIMALS 

Persons  owning  or  having  control  of  horses  afflicted 
with  glanders  may  not  permit  such  animals  to  run  at  large 
or  be  driven  upon  any  highway.  They  are  not  permitted 
to  dispose  of  such  animals  in  any  way  to  any  other  person. 
It  is  a  gross  misdemeanor  to  import  or  drive  into  the  state, 
turn  out  or  suffer  to  run  at  large  upon  highways  or  lands 
not  enclosed,  or  to  dispose  of  to  others  any  sheep  known  to 
be  infected  with  any  contagious  disease.  The  carcasses 
of  all  domestic  animals  known  to  have  died  of  any  disease 
must  be  buried  at  least  three  feet  in  the  ground  or  be 
burned.  Such  carcasses  must  not  be  sold.  No  animal 
thus  diseased  may  be  permitted  to  run  at  large. 

The  state  laws  provide  for  a  Live  Stock  Sanitary  Board 
of  five  members,  which  works  with  the  local  boards  of 
health  to  protect  the  health  of  domestic  animals  of  the 
state.  This  board,  as  well  as  the  local  board  of  health, 
which  is,  in  the  town,  the  board  of  supervisors,  has  authority 


FARM  ANIMALS  49 

to  quarantine  or  kill  any  animal  infected  with  or  exposed  to 
any  dangerous  or  infectious  disease.  Any  person  who 
knows  or  has  reason  to  suspect  that  such  a  disease  exists  in 
any  domestic  animal  must  immediately  notify  the  town 
board,  who  will  notify  the  state  board. 

There  is  no  law  in  the  state  compelling  the  tuberculin 
testing  of  cows,  although  in  the  minds  of  many  such  a  law 
is  much  to  be  desired.  But  some  cities  have  passed  ordi- 
nances requiring  all  those  who  sell  milk  within  the  city 
limits  to  have  their  cows  so  tested. 

After  the  Live  Stock  Sanitary  Board  knows  that  an 
animal  is  infected  with  tuberculosis  or  glanders  it  may 
order  such  animal  shipped  for  killing  at  any  of  the  slaughter- 
houses in  the  state  where  there  is  Federal  inspection.  These 
slaughter  houses  are  at  South  St.  Paul,  Albert  Lea,  Man- 
kato,  and  Fergus  Falls.  Before  being  taken  from  the  prem- 
ises of  the  owner  the  animal  is  appraised  by  three  disinter- 
ested men.  The  appraisal  is  limited  to  sixty  dollars  for  a 
cow  and  one  hundred  twenty-five  dollars  for  a  horse  as 
maximum  amounts,  except  in  case  of  pure-bred  stock,  when 
the  highest  appraisal  that  may  be  made  is  one  hundred  fifty 
dollars.  The  cost  of  shipping  is  paid  by  the  Live  Stock 
Sanitary  Board.  If  after  slaughter  the  animals  are  found 
to  be  free  from  any  contagious  or  infectious  disease,  the  full 
amount  of  appraisal,  less  the  value  of  the  carcass,  shall  be 
paid  to  the  owner  by  the  state.  If  they  are  found  to  be 
afflicted  with  glanders  or  tuberculosis,  the  value  of  the  car- 
cass will  be  taken  from  the  appraised  value  and  three- 
fourths  of  the  remainder  will  be  paid  to  the  owner. 

ANIMALS  BROUGHT  INTO  THE  STATE 

For  all  domestic  animals  brought  into  the  state  for  work, 
feeding,  breeding,  or  dairy  purposes,  a  certificate  of  health 


50  FARMERS'  LAW 

must  be  filed  with  the  Live  Stock  Sanitary  Board.  In  the 
case  of  cattle  over  six  months  of  age  brought  into  the  state 
for  breeding  or  dairy  purposes,  the  absence  of  tuberculosis 
must  have  been  determined  by  the  tuberculin  test  within 
thirty  days  preceding  the  date  of  their  importation. 

HOG  CHOLERA  SERUM 

A  1913  statute  declares  the  hog  cholera  serum  plant  at 
the  College  of  Agriculture  the  hog  cholera  serum  plant  of 
the  State  of  Minnesota,  and  provides  that  the  serum  there 
made  be  sold  to  any  hog  owner  in  the  state  at  one-third  of 
one  cent  per  cubic  centimeter  and  express  charges.  It 
further  states  that  if  the  state  plant  can  not  supply  the 
demand  by  its  own  manufacture,  to  do  so  it  may  purchase 
the  serum  in  the  open  market.  The  law  requires  that  this 
serum  be  used  only  by  veterinarians. 

LIEN  OF  AGISTERS 

One  who  for  pay  takes  cattle,  horses,  or  other  domestic 
animals  to  pasture  on  his  land  is  known  in  law  as  an  agister. 
Besides  furnishing  the  pasturage,  an  agister  is  generally 
liable  for  negligence  and  must  be  ordinarily  careful  in  pro- 
tecting the  animals  in  his  charge.  The  Minnesota  Statute 
gives  the  agister  a  lien  upon  the  animals  for  pasturing  them, 
although  the  lien  does  not  exist  after  he  voluntarily  gives 
up  the  animals  before  payment. 

LIEN  FOR  SHOEING 

Shoers  have  a  lien  upon  a  horse  or  other  animals  which 
they  have  shod.  To  have  such  a  lien  the  shoer,  within  six 
months  of  the  date  the  work  was  done,  must  file  with  the 
town  clerk,  village  recorder,  or  city  clerk  a  statement  made 
under  oath  and  a  notice  of  his  intention  to  claim  a  lien 


FABM  ANIMALS  51 

Upon  the  animal  for  his  charges  for  shoeing  same.  The  fee 
for  fiHng  is  twenty-five  cents.  Within  six  months  of  the 
fiUng  he  commences  suit  for  recovery  of  the  charges  for 
shoeing.  Summons,  judgment,  and  execution  follow  as  in 
other  civil  actions  of  this  nature. 

LIEN  FOR  SERVICE  OF  STALLION,  ETC. 

The  owner  of  a  stallion,  jack,  bull,  ram,  or  boar  kept  for 
public  service  has  a  lien  upon  the  young  of  the  animal  for 
the  value  of  the  service.  To  keep  the  lien  the  owner  must 
file  with  the  clerk  of  the  town  where  the  female  is  kept  and 
within  six  months  of  the  date  of  the  service  a  sworn  state- 
ment containing  a  description  of  the  female,  the  time  and 
place  of  service,  and  the  amount  due  for  it.  The  lien  is 
foreclosed  by  advertisement  and  sale  as  described  under  the 
head  of  chattel  mortgages. 

CRUELTY  TO  ANIMALS 

Minnesota  Statute  makes  it  a  misdemeanor  for  any  per- 
son to — 

(1)  "overdrive,  overload,  torture,  cruelly  beat,  neg- 
lect, unjustifiably  maim,  mutilate,  or  kill  any 
animal  or  cruelly  work  same  when  unfit  for  labor, 
whether  belonging  to  himself  or  another; 

(2)  "deprive  of  necessary  food,  water,  or  shelter  any 
animal  of  which  he  has  charge  or  control ; 

(3)  "keep  cows  or  other  animals  in  any  enclosure  with- 
out wholesome  exercise  and  change  of  air; 

(4)  "feed  cows  on  food  which  produces  impure  or  un- 
wholesome milk; 

(5)  "abandon  any  maimed,  sick,  infirm,  or  disabled 
animal  to  die  in  any  public  place; 

(6)  "allow  any  such  animal  to  lie  in  the  street,  road,  or 
other  public  place  for  more  than  three  hours  after 
notice." 


52  FARMERS'  LAW 

Cutting  the  bony  part  of  a  horse's  tail  for  the  purpose  of 
docking  it  is  punishable  by  fine  and  imprisonment.  Per- 
mitting any  clipped  animal  to  stand  unblanketed  in  any 
unsheltered  place  between  November  1  and  May  1  and 
within  sixty  days  after  such  clipping,  is  made  a  misdemeanor. 
Poisoning  or  trying  to  poison  any  animal  either  one's  own 
or  the  property  of  another  may  be  punished  by  fine  or  im- 
prisonment or  both.  A  sheriff,  constable,  village  marshal, 
police  officer,  or  any  officer  of  any  society  for  the  prevention 
of  cruelty  may  remove  and  care  for  any  horse  or  other  ani- 
mal found  exposed  or  remaining  more  than  an  hour  without 
attention  in  bad  weather,  or  not  properly  fed  and  watered. 
When  necessary  the  officer  may  deliver  the  animal  to 
another  person  to  be  properly  cared  for,  notifying  the  owner, 
if  known,  at  once  of  what  is  done.  The  officer  or  the  person 
in  possession  will  have  a  lien  upon  the  animal  for  its  care 
and  the  reasonable  value  of  its  food  and  drink. 

DOGS 

Dogs  are  considered  personal  property.  The  owner  or 
keeper  of  any  dog  which  kills,  wounds,  or  worries  any 
domestic  animal  is  liable  to  the  owner  of  the  animal  for  its 
value,  and  any  person  who  keeps  or  harbors  such  a  dog,  after 
having  received  notice  of  the  fact  of  its  acts,  is  required  to 
pay  a  fine  of  five  dollars  for  each  day  he  permits  such  a  dog 
to  remain  on  his  premises.  Any  person  may  kill  without 
notice  to  the  owner  a  dog  which  he  finds  worrying  or  injur- 
ing sheep,  and  a  sheep  owner  may  kill  any  dog  found  on  the 
premises  where  he  keeps  sheep,  if  the  dog  is  not  under  the 
control  of  its  owner  or  some  other  person.  A  dog  that 
habitually  worries,  chases,  or  molests  teams  or  persons  travel- 
ing peaceably  on  a  public  road  is  a  public  nuisance.  Such 
a  dog  may  not  be  killed  except  as  follows:  complaint  is 


FARM  ANIMALS  53 

made  in  writing  to  a  justice  of  the  peace  who  summons 
the  owner  or  keeper  of  the  dog  to  a  hearing.  If,  after  the 
evidence,  the  justice  finds  that  such  a  dog  is  a  public  nui- 
sance, he  orders  the  constable  to  kill  and  bury  the  dog. 


CHAPTER  XII 

FARM  BOUNDARIES,  ROADS  ABUT- 
TING ON  THE  FARM,  LINE 
AND  LEGAL  FENCES 

BOUNDARY  DISPUTES 

Questions  and  disputes  as  to  farm  boundaries  or  lines 
between  farms  are  constantly  arising  and  are  a  very  frequent 
cause  of  ill-feeling  between  neighbors.  Much  of  this  ill- 
feeling  grows  out  of  ignorance  of  the  correct  location  of  the 
boundary  line  and  a  neglect  of  the  means  of  learning  what 
that  correct  location  is.  If  there  is  a  real  or  honest  misun- 
derstanding, both  parties  should  be  willing  to  leave  the 
establishment  of  the  line  to  a  competent  surveyor.  Ac- 
cording to  statute  any  person  owning  land  or  having  an 
interest  in  it  may  bring  an  action  in  the  district  court 
against  the  owner  or  persons  interested  in  adjoining  lands 
to  have  the  boundary  line  established.  The  court  will  then 
by  its  judgment  establish  the  boundary  line.  Under  com- 
mon law,  where  both  parties  to  the  misunderstanding  are 
uncertain  as  to  the  correct  location  of  the  line,  a  written 
agreement  between  them  establishing  the  line  will  be  valid. 
If  the  disputing  owners  come  to  an  oral  agreement  and  have 
actual  possession  according  to  the  line  agreed  upon  for  some 
time  after  the  agreement,  such  an  oral  agreement  will  stand. 
Occupation  for  fifteen  years  following  an  oral  agreement 
will  give  title. 


FARM  BOUNDARIES  55 

ROADS  ABUTTING  ON  THE  FARM 

The  owner  of  a  farm  abutting  on  the  highway  has  a  right 
to  all  grass  and  trees  growing  on  his  half  of  the  highway.  A 
farmer  has  the  right  to  plow,  level,  and  seed  to  grass  the  part 
of  the  highway  not  actually  used  for  public  travel,  except 
within  one  rod  of  the  center  of  the  road.  But  by  such  work 
he  is  not  free  to  interfere  with  public  travel.  After  he  has 
obtained  the  written  approval  of  the  town  board  concerning 
a  town  road  or  of  the  county  board  concerning  a  county 
road,  he  may  plant  trees  on  the  side  of  the  road  within  six 
feet  from  the  outside  line.  It  is  a  misdemeanor  for  any 
person  to  plow  or  dig  up  any  part  of  the  road  except  as 
described  in  this  paragraph. 

When  an  owner  of  property  along  a  road  at  least  sixty 
feet  wide  wishes  to  rear  a  hedge  upon  his  property,  to  pro- 
tect the  hedge  while  growing  he  may  build  a  fence  upon  the 
road  not  more  than  six  feet  from  the  outside  line,  and  he  may 
keep  the  fence  there  for  five  years  after  the  hedge  is  planted. 

The  town  board  has  been  given  the  right  to  order  when 
trees  or  hedges  on  roads  shall  be  cut  down.  But  other  trees 
than  willows  can  not  be  ordered  cut  down  unless  the  center 
of  each  tree  is  more  than  six  feet  from  the  outside  line  of 
the  road.  Such  trees  may  be  cut  down  if  they  interfere 
with  keeping  the  road  in  good  order  or  if  they  cause  the 
snow  to  drift  in  on  the  road  enough  to  materially  obstruct 
travel.  When  the  town  board  orders  such  trees  to  be  cut 
down  the  owner  is  allowed  ninety  days  in  which  to  do  it.  If 
he  fails  to  cut  them  down  within  that  time  the  town  board 
has  the  power  to  order  them  cut  down  at  town  expense. 
The  wood  of  the  trees  belongs  to  the  owner  if  he  pays  the 
expense  of  cutting  and  removes  them  from  the  roadside 
within  sixty  days.     Where  they  are  not  removed  by  the 


56  FARMERS'  LAW 

owner  they  may  be  sold  by  the  town  board  and  the  pro- 
ceeds go  into  the  town  road  and  bridge  fund. 

Town  boards  are  required  to  build  one  good  culvert  for 
the  owner  of  abutting  land  when,  on  account  of  grading  a 
road,  a  culvert  is  necessary  for  a  suitable  approach  from  the 
highway  to  the  driveway  leading  from  the  abutting  land. 

STREAMS  AND  LAKES  AS  BOUNDARIES 

If  a  stream  forming  the  boundary  of  a  farm  is  not  navig- 
able, the  title  to  the  farm  reaches  to  the  middle  of  the 
stream.  Islands  between  the  middle  of  such  a  stream  and 
the  bank  are  a  part  of  the  farm.  But  the  title  to  a  farm 
bordering  a  navigable  stream  extends  only  to  the  highwater 
mark.  Navigability  in  fact  makes  a  stream  navigable  in 
law  in  Minnesota.  All  fresh  water  lakes  but  the  larger 
navigable  ones  are  covered  by  titles  to  their  shores,  and  a 
title  to  one  side  of  a  pond  will  reach  to  the  middle  of  the 
pond  unless  the  deed  expressly  denies  this.  Any  sudden 
change  in  the  banks  of  a  stream,  through  flood  or  other- 
wise, does  not  change  the  boundary  line  of  farms  bordering 
the  stream. 

TREES  ON  OR  NEAR  BpUNDARY  LINES 

Disputes  often  arise  respecting  trees  on  or  near  division 
lines  of  adjoining  farms.  Who  is  entitled  to  their  fruits, 
or  what  may  be  done  in  case  of  damage  wrought  by  such 
trees?  Courts  have  usually  ruled  that  neither  adjoining 
owner  possesses  the  right  to  destroy  a  tree  located  on  the 
boundary  line  without  the  consent  of  the  other  owner. 
But  there  is  no  joint  ownership  where  the  trunk  of  a  tree 
rises  from  the  ground  some  feet  from  the  boundary  line,  and 
no  person  has  a  right  to  fruit  growing  on  branches  which 
overhang  his  land  and  extend  from  trees  growing  on  his 


LEGAL  FENCES  57 

neighbor's  land.  If  these  branches  are  a  nuisance  to  him 
he  may  remove  them  after  having  given  notice  to  the  tree 
owner. 

FIRES  SPREADING  TO  A  NEIGHBOR'S  LAND 

It  is  a  misdemeanor  for  any  person  who,  having  set  on 
fire  any  woods,  praide,  or  other  combustible  material  on  his 
own  land,  negligently  permits  the  fire  to  extend  beyond  the 
limits  of  his  land,  and  he  is  liable  for  any  damages  resulting 
from  such  negligence. 

LEGAL  FENCES 

In  Minnesota  the  supervisors  of  the  respective  towns, 
aldermen  of  the  cities,  village  trustees,  and  county  commis- 
sioners in  counties  not  divided  into  organized  towns  are  the 
fence  viewers. 

With  us,  fences  must  have  the  following  characteristics 
in  order  to  be  recognized  as  legal : 

(a)  Board  fences.  These  must  be  at  least  54  inches 
high  and  the  boards  must  be  fastened  to  posts  not 
more  than  9  feet  apart.  The  distance  from  the 
ground  to  the  bottom  board  must  not  be  greater 
than  20  inches  and  the  distances  between  the 
boards  not  more  than  9  inches. 

(b)  Fences  of  one  smooth  and  two  barbed  wires.  The 
■'  <"■         s  wire  must  be  firmly  fastened  to  post.s  not  more  than 

•.  t  -  '  33  feet  apart  with  two  stays  between  the  posts. 
The  barbed  wire  must  have  at  least  40  barbs  to  the 
rod.  The  top  wire  is  to  be  not  more  than  52 
nor  less  than  48  inches  high,  and  the  bottom  wire 
is  to  be  not  less  than  16  nor  more  than  20  inches 
from  the  ground.  ^  •     -•      •    -   . 


58  FARMERS'  LAW 

(c)  Fences  of  four  smooth  wires.  Posts  and  stays  and 
bottom  wire  as  in  (b).  The  top  wire  should  be  not 
more  than  54  nor  less  than  48  inches  high. 

(d)  All  other  fences  consisting  of  rails,  timbers,  boards, 
stone  walls,  or  any  combination  thereof,  or  of  lakes, 
streams,  ditches,  or  hedges,  which  are  considered 
the  equivalent  of  (a),  (b),  or  (c)  by  the  fence  view- 
ers. 

LINE  FENCES 

Partition  or  "line"  fences,  as  long  as  both  adjoining 
farmers  continue  to  improve  their  lands,  are  to  be  main- 
tained in  equal  shares.  If  any  person  neglects  to  repair  or 
rebuild  his  share  of  any  line  fence,  his  adjoining  neighbor 
may  complain  to  the  fence  viewers.  After  notice  to  the 
parties  the  viewers  examine  the  fence  and,  if  they  decide 
that  it  is  insufficient,  they  are  to  direct  the  delinquent 
neighbor  to  repair  or  rebuild  within  a  certain  time.  If  he 
still  neglects  his  duty,  the  complainant  may  do  the  necessary 
work  and  recover  double  the  expense  of  the  work,  together 
with  the  fees  of  the  viewers.  The  complainant  has  access 
to  the  courts  for  recovery.  In  case  a  dispute  arises  as  to 
the  rights  of  adjoining  owners  to  line  fences,  either  party 
may  apply  for  settlement  to  the  fence  viewers,  who  shall 
assign  to  each  his  share  in  such  fence,  fixing  the  time  by 
which  it  is  to  be  erected  or  repaired.  Failure  to  comply 
with  the  assignments  of  the  viewers  is  dealt  with  as  in  the 
case  of  complaint.  Where  the  boundary  between  two 
farms  is  a  stream  not  of  itself  a  sufficient  fence  and  it  is  not 
practicable  to  place  a  fence  in  the  middle  of  the  channel 
where  the  true  boundary  is  located  and  the  occupants  can 
not  agree  as  to  where  the  fence  shall  go,  either  party  may 
apply  to  the  viewers  for  settlement.     Any  person  serving 


LINE  FENCES  59 

six  months*  written  notice  upon  an  adjoining  owner  of  his 
determination  not  to  improve  his  lands  need  not  thereafter 
keep  up  his  share  of  the  fence  during  the  time  his  lands  are 
open  and  unimproved,  and  he  may  even  remove  his  share 
unless  the  adjoining  owner  pays  him  for  it. 


CHAPTER  XIII 

WATERS  OF  THE  FARM 

RIPARIAN  RIGHTS 

The  term  "riparian"  has  its  source  in  the  Latin  word 
"ripa,"  meaning  the  bank  or  shore  of  a  river.  Riparian 
rights,  then,  are  rights  which  come  with  the  possession  of 
land  under  or  along  a  stream, — under,  in  the  case  where, 
as  we  learned  in  the  chapter  on  farm  boundaries,  the  farm 
borders  on  a  stream  not  navigable;  along,  when  the  stream 
is  navigable. 

Standing  water  is  the  property  of  the  owner  of  the  soil, 
to  be  used  and  enjoyed  largely  as  he  chooses.  Where  a 
man  owns  both  banks  of  a  stream  not  navigable  he  has  title 
to  the  full  breadth  of  the  bed  of  the  stream  and  has  right  to 
the  use  of  its  waters,  while  a  man  owning  only  one  bank  of 
such  a  stream  has  the  same  use  of  the  waters  for  his  half  of 
the  stream  only.  This  right  includes  its  use  for  agricultural 
and  domestic  purposes,  or  for  power.  In  this  use  he  may 
not  interfere  with  the  similar  rights  of  others  below  him  on 
the  stream.  He  may  use  the  stream  in  any  reasonable 
manner,  such  as  permitting  his  cattle  to  run  in  a  pasture 
bordering  the  stream,  even  though  the  stock  makes  ioul 
the  stream  and  causes  it  to  be  unfit  to  drink.  But  he  is 
forbidden  to  throw  offal  or  carcasses  of  dead  animals  into 
the  stream  or  in  any  way  to  pollute  the  water  of  the  stream. 
An  upper  owner  along  an  unnavigable  stream  may  even 
draw  from  running  water  if  he  does  not  unreasonably  cut 
down  the  flow  of  the  stream.     An  owner  of  land  along  a 


WATERS  OF  fHE  PAliM  61 

stream  of  this  kind  may  not  completely  block  it  up  or  turn 
it  aside  without  the  consent  of  lower  owners,  though  he  may 
dam  the  stream  for  power  without  their  consent. 

While  an  unnavigable  stream  is  a  private  way,  a  navi- 
gable stream  is  a  public  highway ;  and  even  though  a  farmer 
owns  land  on  both  sides,  he  is  not  permitted  to  obstruct 
the  stream  by  fence  or  otherwise. 

The  rights  to  ice  on  a  stream  are  similar  to  the  rights  to 
the  use  of  the  water:  if  the  stream  is  unnavigable,  the  ice 
is  the  property  of  the  owner  of  the  land  bordering  on  and 
under  the  stream;  if  navigable,  the  right  to  cut  and  take 
away  ice  belongs  to  everyone.  Ice  in  navigable  streams 
can  not  be  justly  claimed  by  anyone,  however,  until  it  is 
ready  for  harvest. 

SURFACE  WATERS 

Under  common  law  the  owner  of  a  tract  of  land  adjoin- 
ing a  lower  tract  may  permit,  without  being  liable  for 
damages,  the  surface  waters  from  his  land  to  drain  upon  the 
lower  land.  With  the  owner  of  the  lower  tract  rests  the 
right  to  pass  it  on.  However,  the  upper  owner  is  liable 
for  damages  if  neglect  or  intent  to  damage  his  neighbor's 
property  can  be  proved,  or  if  he  opens  new  channels  where 
the  surface  waters  would  not  naturally  flow.  A  lower 
owner  is  liable  for  damages  where  surface  waters  are 
dammed  so  as  to  back  up  on  the  land  of  an  upper  owner 
and  thus  injure  it. 

TOWN,  COUNTY,  JUDICIAL,  AND  STATE  DITCHES 

To  make  possible  the  drainage  of  small  and  large  areas 
of  land  by  means  of  open  or  tile  ditches  or  otherwise,  the 
Legislature  has  provided  for  what  are  known  as  town,  coun- 
ty, judicial,  and  state  ditches.     The  first  three  are  so  named 


62  FARMERS'  LAW 

because  the  town  board,  the  county  commissioners,  and  the 
district  judge,  respectively,  are  the  authorities  who  have 
the  control  of  the  establishment  of  such  ditches;  while  the 
state  ditches  are  so  named  because  the  proceedings  for 
establishment  begin  with  the  State  Drainage  Commission, 
made  up  of  the  Governor,  the  State  Auditor,  and  the 
Secretary  of  State.  Local  drainage  has  been  largely  secured 
through  the  county  ditch  proceedings,  whether  the  area 
drained  has  been  that  of  a  single  farm  or  a  number  of  sec- 
tions or  townships.  For  this  reason  the  steps  of  the  county 
method  will  be  very  briefly  set  forth.  If  the  student  wishes 
to  make  a  study  of  the  processes  in  full  he  should  have 
access  to  the  statutes. 

COUNTY  DITCHES 

(1)  One  or  more  landowners  whose  lands  are  liable  to 
be  affected  may  file  a  petition  with  the  county 
auditor  for  the  construction  of  a  ditch,  drain  or 
water  course.  In  filing  such  a  petition  one  or 
more  of  such  petitioners  must  give  a  bond  to  the 
county  pledging  to  pay  all  the  expense  in  case  the 
county  board  establishes  the  ditch. 

(2)  The  auditor  gives  three  weeks'  published  and 
posted  notice  of  the  filing  of  the  petition.  He  also 
sends  copies  of  the  petition  to  owners  of  land  near 
the  proposed  ditch. 

(3)  The  county  board  orders  an  accurate  survey  of 
the  entire  line  of  the  ditch  to  be  made  by  a  com- 
petent engineer.  This  engineer  is  required  to 
make  4  complete  report  of  his  doings  and  to  sub- 
mit to  the  county  board  the  necessary  plans. 

(4)  Three  viewers  are  appointed  by  the  board  to  go 
over  the  territory  affected  by  the  proposed  ditch 


WATERS  OF  THE  FARM  63 

and  to  make  estimates  of  all  benefits  to  be  derived 
from  it  and  all  damages  suffered  through  its  es- 
tablishment by  all  tracts  in  this  territory. 
(5)  The  county  board  has  a  meeting  at  which  the 
engineer's  and  viewers'  reports  and  all  persons 
interested  are  given  a  hearing.  If  the  board  de- 
cides that  the  estimated  benefits  will  be  greater 
than  the  total  cost,  including  damages  awarded, 
they  shall  establish  the  ditch. 

It  will  be  seen  that  the  above  method  may  be  followed 
where  a  single  farmer  wishes  to  drain  his  land  by  a  tile 
drain,  open  ditch,  or  other  watercourse  which  runs  through 
or  under  other  lands  than  his  own,  or  that  it  may  be  used 
by  a  group  of  any  number  of  farmers. 


CHAPTER  XIV 

ROADS-THEIR  ESTABLISHMENT 
AND  MAINTENANCE 

Almost  the  whole  of  the  Minnesota  law  governing  roads, 
road  establishment,  road  changing,  road  improvement,  and 
road  upkeep  is  contained  in  the  "Good  Roads  Act"  included 
in  Chapter  235  of  the  Laws  of  the  1913  session  of  the  State 
Legislature.  The  more  important  features  of  the  statute 
are  here  stated  in  condensed  form. 

KINDS  OF  ROADS 

According  to  this  statute  there  are  three  classes  of 
roads, — state,  county,  and  town  roads.  For  each  of  these 
chere  is  a  different  method  of  establishment,  alteration, 
improvement,  vacation,  and  upkeep.  The  four  authorities 
having  immediate  control  of  road  administration  are  the 
State  Highway  Commission,  the  district  court,  the  board 
of  county  commissioners,  and  the  town  board. 

The  word  road  is  understood  to  include  bridges  on  the 
road. 

STATE  ROADS 

These  are  the  steps  in  designating  a  state  road: — (1) 
The  county  board  by  resolution  names  any  established  road 
as  a  state  road.  (2)  The  county  auditor  sends  a  copy  of 
the  resolution  to  the  State  Highway  Commission  with  a 
description  of  the  road.  (3)  After  determining  that  there 
are  sufficient  funds  and  that  the  road  should  be  named  as 


ROADS  65 

a  State  road,  the  State  Highway  Commission  consents  to 
the  designation.  Whenever  it  is  made  known  to  the  High- 
way Commission  that  the  county  commissioners  have 
refused  to  grant  a  petition  made  for  appHcation  for  the 
naming  of  a  state  road  where  the  petition  has  been  signed 
by  ten  freeholders,  the  Highway  Commission  may  give 
such  application  new  consideration.  If,  after  such  con- 
sideration, it  acts  favorably  upon  the  petition,  a  copy  of 
the  written  order  granting  the  application  is  filed  with  the 
county  auditor. 
SURVEYS,  PLANS,  AND  SPECIFICATIONS  FOR  STATE  ROADS 

After  a  state  road  has  been  designated,  the  state  engineer 
causes  surveys  to  be  made,  grades  to  be  established,  and 
plans  and  specifications  to  be  made.  This  is  done  by  one 
of  the  assistant  engineers  in  the  employ  of  the  Highway 
Commission.  Then  the  work  of  road  building  or  improve- 
ment is  done.  Where  it  is  estimated  that  the  cost  of  the 
work  to  be  done  will  not  exceed  five  hundred  dollars,  the 
work  may  be  ordered  done  under  contracts  let  to  the  lowest 
responsible  bidder  or  by  day  labor  without  first  submitting 
the  plans  to  the  Highway  Commission.  But  where  the 
estimated  cost  exceeds  five  hundred  dollars,  the  plans  must 
go  to  the  Commission  for  approval  before  the  work  is  begun. 
The  work  is  all  done  under  the  supervision  of  an  assistant 
engineer  who  must  act  under  the  rules  of  the  Highway  Com- 
mission and  the  instruction  of  the  state  engineer. 

State  roads  must  be  maintained  according  to  the  rules 
of  the  State  Highway  Commission. 

STATE  AID  FOR  STATE  ROADS 

Counties  and  towns  receive  aid  for  building  or  main- 
taining state  roads.  The  source  of  this  aid  is  the  State 
Road  and  Bridge  Fund.     This  fund  has  its  source  in  the 

5— 


66  FARMERS'  LAW 

income  from  investments  of  the  state  internal  improvements 
land  fund  and  in  a  state  tax  of  one  mill.  This  fund  is 
apportioned  by  the  State  Highway  Commission.  Not  less 
than  one  per  cent  nor  more  than  three  per  cent  of  the  fund 
may  be  apportioned  to  any  one  county  in  any  year.  It  is 
apportioned  on  or  before  the  first  Tuesday  in  March  of 
each  year.  When  a  county  does  not  use  its  allotment  it 
goes  back  to  the  unapportioned  road  and  bridge  fund. 

Twenty  per  cent  of  the  allotment  to  the  county  must 
be  used  only  for  the  upkeep  of  state  roads  and  bridges  on 
those  roads.  Not  more  than  twenty-five  per  cent  of  the 
allotment  for  the  county  may  be  spent  upon  county  roads 
under  the  rules  and  regulations  of  the  State  Highway 
Commission.  The  remainder  of  the  allotment  may  go  as 
aid  for  the  building  of  state  roads.  The  proportion  of  the 
cost  of  any  state  road  or  state  aided  county  road  that  may 
be  paid  out  of  the  allotment  is  regulated  by  the  total 
assessed  valuation  (exclusive  of  assessed  valuation  of 
moneys  and  credits)  of  the  county.  In  counties  with  less 
than  five  million  dollars  of  assessed  valuation  this  propor- 
tion is  eighty  per  cent;  five  million  and  less  than  ten  mil- 
lion, seventy  per  cent;  ten  million  and  less  than  fifteen, 
sixty  per  cent;  all  other  counties,  fifty  per  cent. 

HOW  THE  AID  IS  PAID 

After  the  work  on  a  road  for  which  state  aid  is  claimed 
is  completed,  the  county  auditor  makes  a  statement  to  the 
Highway  Commission  and  sends  with  it  the  report  of  the 
assistant  engineer  in  charge.  The  Highway  Commission, 
after  examining  the  reports  and  finding  them  satisfactory, 
instructs  the  state  auditor  to  issue  a  warrant  for  the  state's 
share  of  the  cost.  In  no  case  may  this  warrant  be  larger 
than  the  amount  allotted  to  the  county  as  stated  above. 


ROADS  67 

THE  TOWN  BOARD  AND  STATE  ROADS 

The  town  board  may  appropriate  money  from  the  town 
road  and  bridge  fund  to  assist  in  paying  for  the  construc- 
tion and  improvement  of  any  road  in  the  town  which  has 
been  named  as  a  state  road. 

COUNTY  ROADS 

County  boards  have  general  control  of  county  roads. 
This  control  extends  over  establishing,  building,  altering, 
improving,  and  vacating  such  roads.  The  board  also  has 
power  to  provide  by  an  annual  tax  levy  made  at  its  July 
meeting  a  road  and  bridge  fund,  but  this  levy  may  not 
exceed  three  mills.  Appropriations  may  be  made  from  the 
fund  for  work  on  roads  and  bridges  in  any  town,  village, 
or  city  with  less  than  ten  thousand  population  in  the  county. 

ESTABLISHING,  ALTERING,  OR  VACATING  ROADS  IN  MORE 
THAN  ONE  TOWN 

To  establish,  alter,  or  vacate  any  road  or  roads  connect- 
ing with  each  other  and  running  into  more  than  one  town 
or  on  a  line  between  two  or  more  towns  in  the  same  county 
(1)  twenty-four  freeholders  petition  the  county  board  for 
such  action.  (2)  The  petition  is  filed  with  the  county 
auditor,  (3)  who  brings  the  same  to  the  attention  of  the 
county  board.  (4)  If  the  petition  appears  reasonable  on 
its  face  the  board  orders  a  hearing  and  appoints  from  its 
members  a  committee  to  examine  the  road.  It  also  pro- 
vides for  a  meeting  of  the  committee.  Notice  of  the  time 
and  place  of  the  meeting  must  be  posted  in  each  town  into 
which  the  road  in  question  runs  twenty  days  before  date 
of  the  meeting.  Similar  notice  of  the  hearing  must  be 
posted  at  least  thirty  days  before  it  takes  place.  Such 
notices  are  required  to  set  forth  a  copy  of  the  petition. 


68  FARMERS'  LAW 

(5)  The  committee  on  the  date  set  examines  the  route  of 
the  road  in  question  and  (6)  reports  to  the  board  at  its 
next  meeting  and  recommends  the  granting  or  rejecting 
of  the  petition.  (7)  At  the  hearing  the  county  board 
hears  all  parties  interested  and  fixes  the  amount  of  damages 
that  will  be  sustained  by  the  owners  through  whose  lands 
the  road  may  run  in  cases  where  the  owners  and  the  county 
board  can  not  agree  as  to  the  amount.  In  fixing  the  dam- 
ages sustained  by  the  owner  the  board  also  decides  the 
money  value  of  the  benefits  of  the  establishment,  altera- 
tion, or  vacation  and,  after  deducting  this  sum  from  the 
damages,  awards  the  differences  as  damages.  All  damages 
are  paid  by  the  county.  (8)  If  the  establishment,  altera- 
tion, or  vacation  seems  desirable  the  board  grants  the  peti- 
tion and  (9)  provides  for  the  carrying  out  of  the  action  for 
which  the  petition  was  made. 

ISSUING  BONDS  FOR  PERMANENT  ROAD  IMPROVEMENT 

The  expense  of  making  permanent  improvement  of  con- 
siderable stretches  of  county  roads,  such  as  macadamizing 
or  surfacing  them  with  some  hard  material,  is  usually  very 
great, — so  great  that  it  can  not  be  done  within  the  ordinary 
limits  of  taxation.  Bonds  must  be  issued  to  cover  the 
cost  of  such  extraordinary  improvement.  The  issuing  of 
bonds  for  such  work  is  authorized  by  a  majority  of  the  voters 
of  the  county  at  a  special  or  a  general  election.  To  bring  the 
question  of  a  bond  issue  for  this  purpose  to  a  vote,  fifty 
voters  petition  the  county  board  for  the  improvement;  the 
petition  is  filed  with  the  county  auditor;  he  lays  it  before 
the  county  board;  and  the  board,  after  it  has  secured  an 
estimate  of  the  cost  from  the  engineer  of  the  State  Highway 
Commission  and  has  come  to  the  conclusion  that  the  im- 
provement is  desirable,  orders  a  special  election  to  decide 


ROADS  69 

Upon  the  bond  issue.  But  a  special  election  may  not  be 
ordered  if  a  general  election  will  be  held  within  six  months 
after  the  estimate  of  the  state  engineer  is  filed  with  the 
county  auditor. 

ROADS  IN  TWO  OR  MORE  COUNTIES  OR  ON  COUNTY  LINES 

Roads  in  two  or  more  counties  or  on  county  lines  are 
located,  altered,  or  vacated  through  proceedings  in  the 
district  court.  Proceedings  are  started  by  a  petition 
signed  by  twenty  legal  voters  and  tax-payers  residing  in 
those  counties.  If  the  road  is  in  more  than  one  judicial 
district,  the  petition  may  go  to  the  judge  of  any  district 
affected  by  the  petition.  Three  weeks'  published  notice 
that  the  petition  is  to  be  presented  must  be  made  before 
the  presentation.  The  judge  then  appoints  three  com- 
missioners who  lay  out,  alter,  or  vacate  the  road  as  directed 
by  him.  If  the  court  so  directs,  the  commissioners  appoint 
a  surveyor  and  other  necessary  assistants  to  survey  the 
road  and  to  make  plats  of  its  location.  The  commissioners 
also  fix  the  damages  to  be  paid  each  landowner  on  whose 
lands  the  road  may  run.  The  court,  after  hearing  the 
report  of  the  commissioners,  and  any  other  persons  inter- 
ested, may  confirm  or  reject  the  report.  If  the  road  is 
ordered  established  or  altered,  all  expenses  must  be  paid  by 
the  owners  of  lands  through  or  between  which  the  road  runs. 
The  order  is  sent  by  the  clerk  of  court  to  the  auditors  of  all 
counties  affected  by  it.  Each  auditor  lays  the  order  before 
his  county  board  and  they  proceed  to  carry  out  their 
county's  share  of  the  work. 

TOWN  BOARDS  AND  TOWN  ROADS 

The  general  care  of  town  roads  is  in  the  hands  of  the 
town  board.     Its  power,  like  that  of  the  county  board, 


70  FARMERS'  LAW 

extends  to  establishments,  alteration,  and  vacation  of 
roads.  The  board  is  authorized  to  "purchase  machinery, 
implements,  tools,  stones,  gravel,  and  other  materials" 
needed  for  their  construction  and  repair.  It  is  required  to 
prosecute  any  person  damaging  the  public  highways  of  the 
town.  As  far  as  funds  are  available  the  town  board  must 
have  snow  that  makes  the  roads  impassable  removed  from 
them.  The  county  board  has  the  care  of  all  bridges  in 
towns  when  these  bridges  have  originally  cost  $1,000  or 
more. 

THE  TOWN  ROAD  OVERSEER 

Each  town  is  now  one  road  district,  and  the  town  board 
is  required  to  appoint  a  town  road  overseer,  who  must  be 
a  "competent  road  builder"  and  who  has  charge  of  the  con- 
struction of  all  town  roads  and  of  the  maintenance  of  all 
town  and  county  roads  in  the  town.  But  in  counties  with 
a  population  of  150,000  or  over  that  have  a  county  super- 
intendent of  highways,  the  town  overseer  has  no  jurisdic- 
tion over  county  roads.  Whenever  any  public  road  in  the 
town  becomes  obstructed  or  unsafe  from  any  cause,  the 
overseer  must  immediately  repair  it.  If  the  board  approves, 
he  may  appoint  one  or  more  assistants  to  help  him  do  his 
work.  The  pay  of  the  overseer  and  of  his  assistants  is  fixed 
by  the  town  board  and  must  not  be  more  than  three  dollars 
per  day  for  the  time  actually  spent  in  work.  The  overseer 
gives  bond  to  the  town  for  two  hundred  fifty  dollars.  No 
member  of  the  town  board  may  be  road  overseer  or  assistant 
overseer. 

ROAD  TAXES  IN  TOWNS 

Road  taxes  in  towns  may  no  longer  be  "worked  out" 
but  must  be  paid  in  cash  in  the  same  manner  as  other  taxes 


ROADS  71 

are  paid.  The  amount  of  money  to  be  raised  in  the  town 
for  road  and  bridge  purposes  is  fixed  by  the  voters  at  the 
annual  town  meeting.  This  tax  cannot  exceed  fifteen  mills. 
To  meet  an  emergency,  however,  the  town  board  may  levy 
an  additional  five  mills. 

THE  DRAGGING  FUND 

A  tax  of  one  mill  will  hereafter  be  extended  on  the  tax 
lists  by  the  county  auditor  on  all  taxable  property  in  each 
town,  and  the  proceeds  of  this  tax  will  go  to  the  town  treas- 
urer and  be  known  as  the  "dragging  fund."  In  towns  where 
the  assessed  valuation  is  $1,000,000  or  more  the  amount  of 
this  tax  shall  not  be  more  than  $1,000.  This  fund  is  to  be 
paid  out  only  for  drags  and  for  dragging.  The  town 
board  must  contract  for  the  dragging  of  the  roads  of  the 
town,  giving  preference  to  main-traveled  roads  and  mail 
routes.  The  contract  price  shall  not  exceed  one  dollar  per 
mile  for  each  mile  dragged  for  each  time  the  road  is  dragged 

TOWN  ROADS— THEIR  ESTABLISHMENT,  ALTERATION 
AND  VACATION 
Proceedings  for  establishing,  altering,  or  vacating  town 
roads  are  started  by  petition  of  not  less  than  eight  land- 
owning voters  of  the  town  who  live  within  three  miles  of  the 
road  proposed  to  be  established,  altered,  or  vacated.  If 
there  is  not  that  number  of  landowning  voters  in  the  town, 
a  less  number  than  eight  signers  will  make  a  valid  petition. 
The  petition  is  filed  with  the  town  clerk,  who  at  once  presents 
it  to  the  town  board.  The  board,  within  thirty  days, 
issues  an  order  describing  the  road  and  the  tracts  of  land 
through  which  it  passes  and  fixes  a  time  and  place  for  a 
hearing  and  action  upon  that  petition.  Ten  days'  posted 
notice  must  be  given  of  this  hearing,  and  personal  notice 


72  FARMERS'  LAW 

must  be  served  upon  each  occupant  of  the  land  affected  by 
the  petition  at  least  ten  days  before  the  hearing.  At  the 
hearing  the  board  examines  the  road  named  in  the  petition, 
hears  all  those  interested,  and  grants  or  refuses  the  petition. 
Unless  the  owners  release  in  writing  all  claims  to  damages, 
the  board  fixes,  with  the  agreement  of  the  owners,  the 
amount  of  such  damages,  deducting  the  money  value  of  all 
benefits  which  the  change  will  bring  about.  If  it  grants  the 
petition,  within  five  days  of  the  issue  of  the  order  the  board 
must  make  its  award  of  damages  and  file  it,  with  all  other 
papers  connected  with  the  road  in  question,  with  the  town 
clerk.  The  clerk  does  not  record  this  final  order  within  a 
period  of  30  days  and,  in  case  of  an  appeal  from  the 
order,  until  a  decision  is  given  on  the  appeal,  and  not  then 
unless  the  order  is  confirmed.  In  case  the  board  refuses, 
the  decision  is  final  for  a  year,  unless  it  is  appealed,  and  a 
petition  for  the  same  road  can  not  be  acted  upon  again 
within  that  time. 

ROADS  ON  TOWN  LINES 
In  a  petition  to  a  town  board  for  establishment,  altera- 
tion, or  vacation  of  a  road  on  a  town  line,  the  town  board  is 
to  notify  the  town  board  of  the  adjoining  town  and  they 
together  shall  determine  the  petition  and  proceed  under 
the  regulations  provided  for  roads  within  the  town.  In 
building  the  road  the  two  boards  divide  the  length  of  the 
road  in  two  parts  as  nearly  equal  in  cost  as  possible  and 
each  town  builds  one  of  the  parts.  Where  the  boards  can 
not  agree  as  to  which  part  each  shall  construct,  the  matter 
is  to  be  decided  by  lot. 

ROADS  IN  NEW  OR  UNORGANIZED  TOWNS 
In  towns  still  unorganized  or  in  which  no  public  roads 
have  been  established,  section  lines  are  considered  public 


ROADS  73 

roads  without  survey  unless  natural  obstacles  prevent. 
The  section  line  roads,  upon  the  order  of  the  county  board, 
are  to  be  opened  two  rods  on  each  side  of  the  line. 

CARTWAYS 

A  cartway  is  a  road  two  rods  wide.  The  proceedings 
for  establishment  are  the  same  as  for  town  roads  except 
that  the  petition  may  be  signed  by  as  few  as  five  voters, 
freeholders  of  the  town.  One-half  of  the  damages  to  the 
land  through  which  it  passes  must  be  paid  by  those  whom 
it  benefits.  On  the  petition  of  the  owner  of  a  tract  of  land 
of  not  less  than  five  acres  to  which  he  has  no  access  except 
over  the  lands  of  others,  the  town  board  may  establish  a 
cartway  not  over  two  rods  wide  to  connect  that  land  with 
the  public  road.  The  amount  of  damages  must  be  paid  by 
the  petitioner. 

DEDICATION  OF  LAND  FOR  ROADS 

Owners  may  give  land  for  a  road  or  cartway  by  applying 
in  writing  to  the  town  board.  The  application  goes  to  the 
town  clerk  who  lays  it  before  the  board.  The  board, 
within  ten  days,  may  declare  the  land  dedicated  for  the 
purpose  named  in  the  application.  No  damages  can  be 
assessed  for  lands  so  dedicated. 

EXTRAORDINARY  IMPROVEMENT  OF  TOWN  ROADS 

Whenever  it  seems  advisable  to  macadamize  any  estab- 
lished highway  in  a  town  or  in  any  way  make  a  lasting 
improvement  upon  that  highway  at  greater  expense  than 
can  be  made  under  ordinary  methods,  it  may  be  done  as 
follows:  (1)  Fifteen  voters  who  are  freeholders  file  a  peti- 
tion with  the  town  clerk  asking  for  the  improvement.  (2) 
After  the  petition  has  been  brought  to  the  attention  of  the 


74  FARMERS'  LAW 

town  board,  the  board  makes  an  estimate  in  writing  of  the 
expense  of  the  improvement.  (3)  At  the  next  annual 
meeting  or,  if  so  requested  in  the  petition,  at  a  special  meet- 
ing, the  voters  of  the  town  decide  by  a  vote  for  or  against 
the  improvement.  Sixty  per  cent  of  the  vote  is  necessary 
to  carry  the  proposition.  Bonds  of  the  town  are  then 
issued  for  the  necessary  amount,  if  that  amount  with  other 
indebtedness  of  the  town  is  not  more  than  five  per  cent  of 
the  assessed  valuation. 

DRAINAGE  OF  TOWN  ROADS 
By  proper  procedure  through  the  sworn  statement  of  the 
town  road  overseer,  posted  notice  of  a  hearing  and  the  hold- 
ing of  a  hearing  by  the  town  board,  assessment  of  benefits, 
order  of  the  town  board  establishing  a  ditch,  etc.,  town  roads 
may  be  drained,  if  they  run  through  swampy  or  other  low 
land.  It  is  the  duty  of  the  overseer  to  keep  road  ditches 
open,  and  to  do  so  he  may  enter  upon  the  lands  through 
which  they  pass.  Any  person  who  dams  up  or  in  any  way 
damages  such  a  ditch  is  guilty  of  a  misdemeanor  and  is  liable 
in  civil  action  for  double  the  damage  assessed  for  the  injury. 

APPEALS  FROM  COUNTY  AND  TOWN  BOARDS 

Any  person  dissatisfied  with  the  action  or  awards  of  a 
county  or  town  board  in  establishing,  altering,  or  vacating 
a  road  or  refusing  to  do  so  may  appeal  to  the  district  court 
within  thirty  days  after  the  action  is  taken.  The  appeal 
can  not  be  made  without  giving  a  bond  for  two  hundred 
fifty  dollars  conditioned  to  pay  all  costs  of  the  appeal. 

REMOVAL  OF  FENCES  BY  TOWN  OR  COUNTY  BOARDS 

When  a  town  or  county  board  has  located  a  road  it  gives 
each  owner  through  whose  lands  the  road  will  run  twenty 
days*  notice,  in  writing,  to  remove  his  fences.     If  he  does 


ROADS  75 

not  remove  them  within  that  time,  the  board  orders  them 
removed.  But  no  closed  field  may  be  opened  between 
April  1  and  October  1. 

TUNNELS  UNDER  ROADS 

Owners  of  land  on  both  sides  of  a  public  road  may  tunnel 
under  the  road  to  permit  stock  to  pass  from  one  side  to  the 
other.  Permission  to  build  the  tunnel  should  first  be 
obtained  from  the  board.  If,  however,  the  tunnel  has  been 
built  without  this  permission,  it  i^  valid,  unless  the  board 
objects  to  it  within  a  year.  Bridges  over  tunnels  should  be 
at  least  sixteen  feet  wide  and  have  proper  railings.  If  the 
tunnel  is  not  under  a  road  on  a  section  line  or  other  sectional 
division  line,  but  under  some  other  road,  the  owner  main- 
tains the  tunnel  at  his  own  expense  for  the  first  year.  There- 
after it  will  be  maintained  by  the  town  board  at  the  expense 
of  the  town. 

DEDICATION  OF  A  ROAD  BY  USE 

Whenever  a  road  has  been  used,  repaired,  and  worked  as 
a  public  highway  for  a  continuous  period  of  six  years  or 
more,  it  shall  be  considered  dedicated  to  the  public  to  the 
width  of  two  rods  on  each  side  of  its  middle  line.  This  does 
not  apply  to  a  road  upon,  and  running  parallel  to,  a  railroad 
right  of  way. 

OLD  ROADS  OPEN  TWO  YEARS 

Whenever  a  road  is  changed  by  an  order  of  a  county  or 
town  board,  the  old  road  must  be  left  open  for  two  years 
from  the  date  of  the  order,  but  such  a  road  may  be  vacated 
within  two  years  if  the  board  considers  the  new  road  fit  for 
travel  at  all  times  of  the  year. 


76  FARMERS'  LAW 

BRIDGES  AND  CULVERTS 

All  bridges  and  culverts  and  approaches  to  them  which 
are  hereafter  established  or  improved  must  be  at  least  six- 
teen feet  wide.  When  the  bridge  is  three  feet  or  more  above 
the  bank  on  either  side,  the  approaches  must  be  eighteen 
feet  wide  and  be  provided  with  substantial  railings. 

Before  contracts  can  be  let  by  any  town  or  county  board 
for  the  building  of  a  bridge  where  the  contract  price  is  more 
than  five  hundred  dollars,  plans  and  specifications  must  be 
filed  with  the  town  clerk  or  the  county  auditor,  as  the  case 
may  be,  and  an  advertisement  for  bids  must  be  published 
in  a  newspaper  once  a  week  for  three  weeks  before  the  time 
fixed  for  letting  the  contract.  The  advertisement  must 
state  the  time  and  place  of  receiving  bids  and  allowing  con- 
tracts and  must  tell  in  what  office  the  plans  and  specifica- 
tions are  on  file. 

It  is  the  duty  of  the  state  engineer,  as  far  as  time  will 
permit,  yearly  to  inspect  all  bridges  more  than  thirty  feet  in 
length  and  report  their  condition  to  the  State  Highway 
Commission  and  to  the  proper  county  board  and  make  such 
recommendations  as  he  deems  advisable. 


CHAPTER  XV 

THE  USE  OF  ROADS 

MEETING  AND  PASSING  ON  ROADS 

When  persons  riding,  driving  or  leading  horses  or  other 
animals,  or  traveling  with  vehicles,  meet  on  any  public  high- 
way, the  Minnesota  Statute  requires  each  seasonably  to 
drive  to  the  right  of  the  middle  part  of  the  road  so  that  they 
may  pass  each  other  without  interference.  The  same 
requirement  is  made  of  persons  driving  or  operating  motor 
vehicles.  If  the  persons  are  moving  in  the  same  direction, 
the  one  overtaking  is  to  pass  on  the  left  side  of  the  middle  of 
the  traveled  part  of  the  road,  and,  if  the  road  is  wide  enough 
to  permit  passing,  the  driver  in  the  lead  must  not  obstruct  it, 
but  turn  to  the  right  as  soon  as  practicable  so  as  to  give  half 
of  the  traveled  road  to  the  other. 

In  a  case  where  a  person  riding,  leading,  or  driving  a 
horse,  or  horses,  or  other  draft  animals  signals  by  raising  the 
hand  or  requests  the  driver  of  a  motor  vehicle,  the  latter 
must  stop  immediately  and,  if  the  animal  or  animals  appear 
to  be  badly  frightened,  the  motor  driver  shall  stop  his 
motor  as  long  as  is  necessary  to  prevent  accident.  An 
operator  of  a  motor  vehicle,  when  meeting  or  overtaking 
any  horse  or  other  draft  animal  in  charge  of  a  woman,  child, 
or  aged  person,  must  drive  at  no  greater  speed  than  four 
miles  an  hour  and,  where  the  animal  shows  fright  or  upon 
signal,  must  bring  his  machine  to  a  stop  and  stop  his  motor 
as  above  described.  The  muffler  of  a  motor  vehicle  must 
not  be  cut  out  at  the  time  of  passing  a  horse  or  other  animal 
being  led,  driven,  or  ridden. 


78  FARMERS'  LAW 

AT  CORNERS  OR  CROSSROADS 

When  drivers  turn  at  corners  where  two  highways  cross, 
in  turning  to  the  right  or  left  they  are  required  to  keep  to 
the  right  of  the  point  where  the  middle  lines  of  the  highways 
cross.  When  approaching  a  crossroad,  an  operator  of  a 
motor  vehicle  must  slow  down  its  speed  and  sound  the  bell, 
horn,  or  other  device  for  signaling  so  as  to  give  warning  of 
his  approach.  There  is  a  six  mile  per  hour  speed  limit  for 
going  around  corners  or  curves  in  the  highway. 

WHO  MAY  NOT  DRIVE  MOTOR  VEHICLES 

Persons  under  sixteen  years  of  age  are  forbidden  to 
drive  motor  vehicles  unless  accompanied  by  a  licensed 
chauffeur  or  the  owner  of  the  machine.  The  owner,  in 
such  a  case,  must  be  sixteen  or  over.  Persons  in  an  intoxi- 
cated condition  are  forbidden  to  drive  motor  vehicles. 

IN  CASE  OF  ACCIDENT 

Any  driver  of  a  motor  vehicle  after  knowingly  causing 
an  accident  by  collision  or  otherwise,  injuring  any  person, 
horse,  or  vehicle,  is  guilty  of  a  gross  misdemeanor  if  he  does 
not  at  once  stop  his  machine,  return  to  the  scene  of  accident 
and,  upon  request,  give  his  name,  the  number  of  his  driver's 
license,  the  registration  number  of  his  machine,  and  the 
names  and  addresses  of  every  male  occupant  of  the  machine. 

EQUIPMENT  OF  MOTOR  VEHICLES 

Every  motor  vehicle  running  upon  the  public  highways 
of  this  state  must  be  provided  with  brakes  sufficient  to  con- 
trol the  vehicle  at  all  times,  a  suitable  signaling  device,  such 
as  a  bell  or  horn,  and,  from  one  hour  after  sunset  and  to  one 
hour  before  sunrise,  must  display  two  lighted  lamps  visible 
from  the  front  and  one  on  the  rear  of  the  vehicle.     The  lamp 


USE  OF  ROADS  79 

on  the  rear  must  display  a  red  light  visible  from  the  rear,  and 
white  rays  from  this  light  must  shine  upon  the  number 
plate. 

INTEMPERATE  DRIVERS 

Persons  owning  or  having  control  of  coaches  or  vehicles 
in  which  passengers  are  carried  are  forbidden  to  employ 
drivers  who  use  intoxicating  liquors  to  excess.  Those  who 
employ  such  drivers  may  be  required  to  forfeit  up  to  fifty 
dollars  for  each  ofifense  and  be  liable  for  all  damages  caused 
by  the  drivers. 

LEAVING  HORSES  UNFASTENED 

While  passengers  remain  in  any  conveyance  used  for 
hire,  drivers  are  forbidden  to  leave  the  horses  that  are  har- 
nessed to  the  vehicle  without  first  fastening  those  horses 
or  leaving  some  competent  person  in  charge  of  them. 

TRACTION  ENGINES 

Engineers  or  other  persons  in  charge  of  traction  engines 
moving  along  a  highway  are  not  permitted  to  blow  the 
whistles  of  the  engines  while  within  five  hundred  feet  of 
teams  passing  on  the  highway,  if  the  teams  can  be  seen  from 
the  engines.  The  law  also  requires  the  stopping  of  the 
engine  at  least  one  hundred  feet  before  meeting  a  horse  or 
team  on  the  road,  unless  on  a  side  hill  where  stopping  may 
expose  the  flues  of  the  engine  and  cause  an  explosion.  The 
engine  may  not  be  started  again  until  the  horse  or  team  has 
passed.     Violation  of  this  law  is  a  misdemeanor. 

Persons  taking  an  engine  across  a  culvert  or  bridge  must 
place  extra  planking  upon  it  for  protection.  Failure  to  do 
this  makes  the  owner  or  engineer  liable  for  one-half  the 
expense  of  repairing  the  damage  caused.  The  total  amount 
so  recovered  is  not  to  exceed  fifty  dollars. 


CHAPTER  XVI 

TAXES 

It  is  an  old  proverb  that  "nothing  is  certain  but  death 
and  taxes."  And,  we  might  add,  one  of  these  certainties  is 
about  as  unwelcome  as  the  other.  But  taxes,  however  un- 
friendly the  popular  attitude  toward  them  may  be,  seem  to 
be  so  necessary  that  a  majority  of  the  people,  through  the 
exercise  of  the  authority  they  have  in  their  own  hands, 
continue  them  from  year  to  year.  To  throw  a  little  light  on 
the  big  taxation  system  and  make  it  a  little  more  intelligible 
to  the  layman  who  votes  the  continuation,  is  the  purpose 
of  this  chapter. 

THE  STEPS  IN  THE  TAXING  PROCESS 

There  are  six  large  steps  in  the  taxing  process  where  the 
general  property  tax  is  concerned, — assessment,  equaliza- 
tion or  review,  levy,  extension,  collection,  and  distribution. 

ASSESSMENT 

The  first  step  is  assessment.  The  assessor  performs  this 
task.  He  is  elected  in  odd-numbered  years, — in  towns,  at 
the  annual  town  meeting;  in  villages,  at  the  village  election; 
in  cities,  usually  as  their  charters  provide.  His  pay  in 
towns  is  two  dollars  for  each  day  spent  in  actual  service, 
although  the  pay  may  be  increased  up  to  three  dollars  at  the 
town  meeting,  if  the  increase  is  made  before  the  assessor  is 
elected.  Assessment  is  completed  between  May  1  and  the 
first  Monday  in  June.  This  allows  forty-four  days,  Sundays 
and  holidays  excepted,  for  completing  the  work.     By  the 


TAXES  81 

first  Monday  in  July  the  assessor  must  be  ready  to  hand  in 
his  assessment  books  to  the  county  auditor. 

Real  estate  is  assessed  every  even-numbered  year  and 
personal  property  every  year.  The  valuation  is  fixed  as  of 
May  1  of  the  year  it  is  assessed.  All  assessments  made 
in  the  state  after  January  1,  1914,  are  to  be  on  the  following 
basis:  (1)  25  per  cent  of  the  full  and  true  value  of  "house- 
hold goods  and  furniture,  including  clocks,  musical  instru- 
ments, sewing  machines,  wearing  apparel  of  members  of  the 
family,  and  all  personal  property  actually  used  by  the 
owner  for  personal  and  domestic  purposes  or  for  the  fur- 
nishing or  equipment  of  the  family  residence" ;  (2)  ^2>}/^  per 
cent  of  the  full  and  true  value  of  "live  stock,  poultry,  agri- 
cultural products,  stocks  of  merchandise  of  all  sorts  and 
furniture  and  fixtures  used  with  them,  manufacturers' 
materials  and  manufactured  articles,  all  tools,  implements 
and  machinery,  and  all  unplatted  real  estate;"  (3)  50  per 
cent  of  the  full  value  of  iron  ore  mined  or  unmined ;  (4)  40 
per  cent  of  the  full  value  of  all  property  not  included  in  the 
preceding  classes. 

Personal  property  is  commonly  listed  where  the  owner 
resides.  But  all  farm  property  of  a  non-resident  is  listed 
and  assessed  in  the  same  town  as  that  in  which  the  farm  is 
located. 

Certain  property  is  exempt  from  taxation.  For  each 
head  of  a  family  $100  in  personal  property  is  exempt. 
Property  used  for  (1)  educational,  (2)  religious,  (3)  chari- 
table, and  (4)  public  purposes  is  exempt, — that  is,  among 
other  things,  public  libraries,  public  school  buildings,  acad- 
emies, colleges,  churches,  public  hospitals,  orphans'  homes, 
public  buildings,  and  public  parks.  But  property  belonging 
to  a  church  and  not  used  for  religious  or  charitable  purposes 
is  not  exempt. 


82  FARMERS'  LAW 

"MONEYS  AND  CREDITS" 

Since  1911  there  has  been  a  law  providing  for  the  sepa- 
rate listing  of  all  "moneys  and  credits."  Upon  this  property 
there  is  a  separate  and  special  tax  of  three  mills  on  the 
dollar.  No  other  tax  is  levied  on  this  class  of  personal 
property.  "Moneys"  under  the  law  includes  all  money 
owned  by  a  person  whether  in  hand  or  deposited  in  any 
bank  in  Minnesota  or  other  state.  "Credits"  includes  book 
accounts,  mortgages  and  contracts  for  land  not  recorded  in 
any  county  in  the  state,  notes,  bonds,  rents,  and  all  other 
claims  for  money.  Assessment  of  moneys  and  credits  is 
made  at  their  fair  cash  value. 

EQUALIZATION 

On  the  fourth  Monday  in  June  the  local  board  of  review 
goes  over  the  work  of  the  assessor  to  equalize  assessments 
between  individual  property  owners.  In  the  town  this 
local  board  of  review  is  the  town  board ;  in  the  village,  the 
assessor,  the  clerk,  and  the  president;  in  fourth  class  cities 
(10,000  population  or  less),  usually  the  mayor,  the  clerk, 
and  the  aldermen.  These  boards  have  power  to  raise  or 
lower  assessments.  If  any  assessment  is  raised  the  owner 
is  given  notice,  and  if  any  resident  owner  feels  that  his  as- 
sessment is  too  high  he  may  appear  before  the  board  and, 
when  the  board  deems  it  just,  a  correction  may  be  made. 
This  local  board  of  review  may  sit  during  the  six  working 
days  from  the  fourth  Monday  in  June  to  the  first  Monday 
in  July  with  pay  at  three  dollars  per  day.  In  fourth  class 
cities  the  pay  of  the  board  is  limited  to  three  days. 

On  the  third  Monday  in  July  the  county  board  of  equal- 
ization meets.  This  board  is  made  up  of  the  board  of 
county  commissioners  and  the  county  auditor.  It  equalizes 
assessments  between  the  taxing  districts  in  the  county.     It 


TAXES  83 

may  also  change  individual  assessments  where  they  consider 
it  advisable.  It  may  raise  the  total  valuation  of  the 
entire  county  or  of  any  district  in  the  county  by  a  per- 
centage increase,  but  is  not  permitted  to  lower  such 
total.  This  board  may  remain  is  session  four  weeks.  The 
members  receive  three  dollars  per  day  and  ten  cents  for 
each  mile  traveled,  but  they  may  receive  pay  for  no  more 
than  ten  days  and  mileage  for  one  session  only. 

The  abstract  of  assessment  made  by  the  county  board 
of  equalization  goes  to  the  Minnesota  Tax  Commission  on 
or  before  the  first  Monday  in  August.  This  commission  is 
the  last  and  highest  board  with  equalizing  functions.  Its 
principal  duty  is  to  equalize  the  assessed  valuations  as 
between  the  counties  of  the  state.  It  meets  for  this  purpose 
on  the  second  Tuesday  of  September  and  has  until  the  first 
Monday  in  January  to  complete  its  task.  It  has  power  to 
raise  or  lower  the  total  valuation  of  real  estate  in  any  town, 
village,  city,  or  county  by  percentage  increase  or  decrease. 
It  also  has  power  to  raise  or  lower  the  assessed  valuation  of 
any  tract  or  lot  of  real  property  in  the  state.  It  may  also 
raise  or  lower  the  personal  property  valuation  of  any  assess- 
ment district  or  of  any  individual  in  the  state,  but  when 
it  raises  the  valuation  of  an  individual  it  must  give  notice 
to  that  individual  of  its  intention. 

LEVY 
The  levy  is  the  specific  amount  of  tax  money  to  be 
raised.  Levies  are  made  for  six  different  governing  units: 
the  school  district,  the  town,  the  village,  the  city,  the 
county,  and  the  state,  but  no  individuals  pay  tax  on  the 
same  property  for  more  than  four  of  these  units.  For 
instance,  Jones,  who  owns  a  farm  in  School  District  No.  14 
in  the  town  of  Seward,  pays  taxes  on  that  farm  to  support 


84  FARMERS'  LAW 

the  school  in  that  district,  the  town,  the  county,  and  the 
state. 

In  common  school  districts,  the  levy  is  made  by  the  vot- 
ers at  the  annual  school  meeting  held  on  the  third  Saturday 
in  July;  in  independent  districts,  it  is  made  by  the  school 
board ;  in  towns,  by  the  voters  at  the  annual  town  meeting. 
The  amount  of  village  and  city  taxes  is  fixed  by  the  local 
authorities  according  to  their  charters.  The  county  board 
levies  the  county  tax  at  its  meeting  in  July.  The  state  levy 
is  fixed  by  the  legislature  when  it  makes  appropriations. 

It  is  worth  while  to  note  that  for  two  local  governments, 
— namely,  the  school  district  and  the  town — two  taxes  are 
collected  without  levy  having  been  made.  One  of  these  is 
the  one  mill  tax  for  schools,  which  is  collected  "whether 
school  keeps  or  not"  and  goes  to  the  funds  of  the  district 
v/here  collected.  The  other  is  the  tax  for  the  fund  for 
dragging  town  roads.  This  also  is  a  tax  of  one  mill  unless 
the  assessed  valuation  of  the  town  is  $1,000,000  or  more, 
when  the  total  amount  raised  for  this  fund  is  to  be  $1,000. 

EXTENDING  THE  TAXES 

Next  comes  the  county  auditor's  work  of  extending  the 
taxes.  This  is  really  nothing  but  a  vast  number  of  prob- 
lems in  arithmetic.  The  auditor  divides  the  amount  to  be 
raised,  for  instance,  in  the  town,  by  the  total  assessed  valu- 
ation of  the  town.  As  a  simple  illustration  we  might  say 
that  the  town  of  Seward  had  voted  to  raise  $1,000  besides 
the  "dragging  fund"  to  be  spent  in  the  improvement  of  its 
roads.  We  will  say  that  the  assessed  valuation  in  the  town 
is  $500,000.  The  rate  of  the  special  tax  for  roads  then 
would  be  $.002  on  every  dollar,^n  other  words,  two  mills 
on  a  dollar  of  assessed  valuation.  As  two  mills  is  one-fifth 
of  a  cent,  it  may  also  be  referred  to  as  a  tax  of  one-fifth  of 


TAXES  85 

one  per  cent.  This  calculating  is  done  by  the  auditor  for 
all  the  following  funds:  county  revenue,  county  road,  county 
poor,  town,  town  special  road,  town  poor,  if  any,  and  the 
district  special.  The  state  revenue  and  state  school  tax 
rates  are  furnished  to  the  auditor  by  the  state  auditor.  As 
stated  before,  the  school  district  one  mill  tax  and  the  town 
one  mill  tax  for  road-dragging  are  extended  without  levy 
having  been  made.  All  these  rates  are  then  added  to  find 
the  total  tax  rate.  Let  us  suppose  the  various  rates  to  be 
as  follows:  state  revenue,  3  mills;  state  school,  1  mill;  county 
revenue,  4  mills;  county  road,  2  mills;  county  building,  1 
mill;  town,  1  mill;  special  road,  3  mills;  town  dragging,  1 
mill;  town  poor,  1  mill;  district  general,  1  mill;  district  spe- 
cial, 5  mills.  The  total  rate  would  then  be  23  mills  or  $.023 
on  the  dollar  of  assessed  value.  Let  us  suppose,  further, 
that  Jones,  named  above,  has  real  property  assessed  at 
$1,000  and  personal  property  assessed  at  $100.  His  real 
property  tax  as  extended  by  the  county  auditor  would  be 
$23  and  his  personal  property  tax  $2.30.  The  sum  of  the 
two  is  $25.30.  Such  a  calculation  must  be  made  for  every 
tax  payer  who  owns  both  kinds  of  property.  This  would 
be  all  the  tax  levied  against  Jones,  except  for  the  "moneys 
and  credits"  tax  already  described. 
COLLECTION 

Taxes  are  collected  by  the  county  treasurer.  They  are 
payable  the  first  Monday  in  January.  Personal  property 
taxes  must  be  paid  before  March  1.  Real  estate  taxes  may 
be  paid  in  two  installments, — one-half  before  June  1  and 
the  remainder  before  November  1.  Taxes  not  paid  before 
these  dates  are  delinquent. 

DELINQUENT  TAXES 

A  penalty  of  ten  per  cent  is  added  to  all  delinquent 


86  FARMERS'  LAW 

taxes.  If  real  estate  taxes  are  not  paid  until  January  1 
following,  an  additional  penalty  of  five  per  cent  is  added. 
The  collection  of  delinquent  real  estate  taxes  is  enforced 
against  the  property  assessed,  while  the  collection  of  delin- 
quent personal  property  taxes  is  enforced  against  the  person 
assessed. 

If  the  owner  of  real  estate  neglects  to  pay  the  taxes  on 
it,  the  auditor  lists  it  with  all  other  tracts  of  land  on  which 
the  taxes  are  delinquent  and  files  the  list  with  the  clerk  of 
court  on  or  before  February  1.  This  filing  has  the  effect 
of  a  complaint  in  an  action  by  the  county  against  the  tract 
of  land.  Five  days  later  the  clerk  returns  a  copy  of  the 
list  together  with  a  summons  to  persons  interested  to  show 
cause  why  judgment  should  not  be  entered  against  the 
land.  The  auditor  then  publishes  the  list  and  twenty  days 
after  due  notice  the  clerk  enters  judgment  against  the  tract, 
if  no  defense  has  been  made,  for  the  taxes,  penalties,  and 
costs.  On  the  first  Monday  in  May  following,  the  auditor 
sells  the  tract  of  land  at  public  auction,  first  having  given 
ten  days*  notice  of  the  sale.  Unless  the  land  is  redeemed, 
three  years  later  the  purchaser  of  the  tax  certificate  or  the 
person  to  whom  he  may  have  assigned  it,  after  meeting 
the  requirements  of  the  law,  becomes  absolute  owner  of 
the  property. 

The  county  treasurer  must,  on  the  fifth  business  day 
in  April,  file  with  the  clerk  of  court  a  list  of  all  personal 
property  taxes  remaining  unpaid  on  April  1 .  Ten  days  later 
the  clerk  issues  warrants  to  the  sheriff  ordering  him  to  seize 
and  sell  any  personal  property  owned  by  the  delinquents.  Be- 
fore April  15  any  person  whose  name  is  on  the  delinquent 
list  may  file  an  answer  with  the  clerk  of  court  in  which  he 
sets  forth  his  defense  or  his  objection  to  the  tax  and  the 
issue  is  heard  and  settled  in  the  district  court.     If  the  sheriff 


TAXES  87 

cannot  collect  the  delinquent  personal  property  tax,  he  so 
reports  to  the  clerk  of  court  on  June  1.  The  clerk  makes 
up  a  list  of  the  delinquents  and  ten  days  later  files  it  with 
the  county  board.  This  board  has  power  to  cancel  taxes 
it  considers  impossible  to  collect.  Judgment  may  be 
entered  and  execution  issued  against  the  remaining 
delinquents. 

DISTRIBUTION 

On  the  last  day  of  February,  May,  and  October  in  each 
year  the  county  auditor  and  the  county  treasurer  distribute 
all  funds  remaining  in  the  treasury,  dividing  same  as  pro- 
vided by  law  between  the  state,  town,  city,  village,  and 
school  district.  The  county  auditor  issues  warrants  for 
these  funds. 

OTHER  TAXES 

Besides  the  general  property  and  "money  and  credits" 
taxes  there  are  other  taxes  levied  in  the  state.  The  mort- 
gage registry  tax  is  mentioned  in  the  chapter  on  mortgage 
deeds.  Gross  earnings  taxes  are  levied  on  the  total  earn- 
ings of  public  service  corporations, — for  instance,  two  per 
cent  on  the  gross  premiums  of  insurance  companies,  five 
per  cent  on  the  total  earnings  of  railroads,  six  per  cent 
against  express  companies,  etc.  There  is  also  a  tax  on 
inheritances.  It  is  not  within  the  field  of  this  book  to  ex- 
plain these  in  detail. 


CHAPTER  XVII 

SCHOOLS 

Although  there  are  three  kinds  of  school  districts, — the 
common,  the  independent,  and  the  special,  this  chapter 
will  deal  with  the  one  in  which  the  farmer  usually  lives, 
— the  first  named. 

TO  FORM  A  NEW  DISTRICT 
No  school  district  may  contain  less  than  four  sections 
of  land  and  twelve  children  of  school  age.  To  form  a  new 
district  a  majority  of  the  landowners  residing  in  the  territory 
that  is  to  comprise  it  first  petition  the  county  board.  Be- 
sides setting  forth  the  area  of  the  district  and  the  names 
and  ages  of  all  children,  the  petition  must  contain  the 
number  of  persons  residing  in  it,  the  district  in  which  the 
territory  lies,  the  number  of  children  living  in  each  district 
affected,  and  the  reasons  for  the  formation  of  the  new  dis- 
trict. The  petition  then  goes  to  the  county  superintendent 
for  his  approval  or  disapproval.  It  is  next  brought  to  the 
attention  of  the  county  board,  which  sets  a  time  and  place 
for  a  hearing  and  causes  two  weeks'  published  notice  in  the 
county  and  ten  days'  posted  notice  in  each  district  affected 
by  the  petition.  The  clerk  of  each  district  is  also  sent  a 
notice  at  least  ten  days  before  the  hearing.  At  the  hearing 
the  county  board  hears  evidence  and  argument  and  then 
makes  an  order  granting  or  denying  the  petition.  If  it  is 
granted,  a  copy  of  the  order  is  sent  by  the  auditor  to  the 
clerk  of  each  district  affected,  and  he  also  causes  ten  days' 
notice  to  be  given  of  a  meeting  to  organize  the  new  district. 


SCHOOLS  89 

ENLARGING  THE  BOUNDARIES  OF  DISTRICTS 

By  the  same  proceedings  as  when  a  new  district  is 
formed  and  also  upon  petition  of  a  majority  of  all  freeholders 
of  each  district  affected,  the  boundaries  of  any  school  dis- 
trict may  be  changed,  or  two  or  more  districts  consolidated, 
or  one  or  more  districts  annexed  to  an  existing  district. 
Much  the  same  method  is  also  used  to  annex  territory  out- 
side a  school  district  in  a  city  or  village,  if  the  city  or  village 
has  less  than  7,000  population  and  the  territory  affected 
is  continuous  with  this  district. 

SETTING  OFF  LAND  TO  AN  ADJOINING  DISTRICT 

To  have  land  set  off  to  an  adjoining  district  a  freeholder 
may  present  to  the  county  board  a  petition  which  has  been 
verified  by  him  and  which  contains  the  following:  (1)  a 
statement  that  he  owns  land  within  the  county  adjoining 
a  district  in  the  county,  (2)  a  statement  of  his  desire  to 
have  that  land  set  off  to  the  adjoining  district,  and  (3)  his 
reasons  for  asking  the  change.  The  board,  after  notice 
and  hearing  as  in  the  previous  cases  and  after  proof  of  the 
statements  in  the  petition,  may  make  an  order  granting 
the  petition.  This  setting  off  of  land  may  be  done  even 
though  the  land  does  not  adjoin  the  district  but  is  separated 
from  it  by  not  more  than  a  quarter  section  of  land  that  is 
vacant  or  whose  owner  is  not  known. 

DISSOLVING  SCHOOL  DISTRICTS 

The  county  board  has  power  to  dissolve  any  district  in 
which  for  two  years  no  school  has  been  held  and  to  order 
its  territory  to  be  attached  to  one  or  more  nearby  districts. 
Notice  must  be  sent  to  the  clerks  of  the  districts  affected 
as  in  other  cases  of  change  of  boundaries.  The  territory 
is  to  be  attached  in  the  fairest  manner  possible  and  with 


90  FARMERS'  LAW 

regard  to  the  convenience  of  those  living  in  the  district  dis- 
solved. 

THE  ANNUAL  SCHOOL  MEETING 

The  annual  school  meeting,  which  takes  place  on  the 
third  Saturday  in  July,  at  7  p.  m.,  unless  a  different  hour 
has  been  set  at  the  previous  annual  meeting,  is  the  event  of 
greatest  importance  in  the  matter  of  control  of  school  affairs 
in  the  common  school  district.  Here  all  men  and  women 
living  in  the  district  who  are  qualified  voters  have  a  voice. 
Among  the  things  of  consequence  done  at  this  meeting  are 
the  election  by  ballot  of  board  members,  fixing  the  number 
of  months  of  school,  voting  funds  for  "keeping"  the  school, 
directing  the  board  to  make  certain  improvements,  and 
providing  free  text-books  for  children  attending  the  school. 
Unless  there  is  an  irregular  vacancy,  only  one  of  the  three 
board  members  is  elected  at  each  annual  meeting. 

SPECIAL  SCHOOL  MEETINGS 
Special  school  meetings  may  be  held  (1)  upon  the  written 
request  of  five  freeholders  of  the  district,  (2)  upon  the  adop- 
tion of  a  proper  resolution  by  the  board,  or  (3)  upon  a 
request  signed  by  a  majority  of  the  board  members.  Such 
meetings  are  called  by  the  clerk  by  ten  days'  posted  notice 
and  one  week's  published  notice,  if  there  is  a  newspaper  in 
the  district.  If  it  is  made  to  appear  by  affidavit  that  the 
district  does  not  contain  five  voters  who  are  freeholders  or 
that  there  is  no  legal  school  board  in  the  district,  the  county 
superintendent  may,  if  he  believes  there  is  need  for  same, 
call  a  special  meeting.  At  special  meetings  no  business 
except  that  named  in  the  notice  may  be  transacted. 

THE  BOARD'S  POWERS  AND  DUTIES 
The  school   board  has,   among  others,   the   following 


SCHOOLS  91 

powers  and  duties :  (1)  It  has  general  charge  of  the  business 
of  the  district  and  the  management  of  its  schools;  (2)  it 
purchases  apparatus  and  furniture,  provides  outbuildings, 
plants  shade  trees,  obtains  insurance  on  property,  makes 
repairs  on  same;  (3)  it  provides  for  the  heating  and  care  of 
buildings;  (4)  it  pays  all  just  claims  against  the  district; 
(5)  it  purchases  text-books;  (6)  it  employs  teachers  and 
discharges  them  for  cause;  (7)  its  members  visit  school  at 
leastonceinevery  three  months;  (8)  it  leases  rooms  for  school 
purposes.  (9)  It  may  also  pay  expenses  of  the  school  board 
members  to  one  school  officers'  meeting  in  each  year  when 
the  meeting  is  called  by  the  county  superintendent.  For 
this  the  board  may  allow  pay  at  three  dollars  per  day,  as 
well  as  mileage  at  five  cents  per  mile.  It  (10)  may  admit  non- 
resident pupils,  fixing  the  rates  of  tuition,  (11)  provide 
transportation  for  pupils  living  more  than  a  half-mile  from 
the  school  house,  and  (12)  discontinue  school,  providing 
instruction  in  and  free  transportation  to  the  schools  of 
adjoining  districts  for  the  pupils  of  their  district. 

SPECIAL  STATE  AID  TO  RURAL  SCHOOLS 

Rural  schools  maintaining  eight  months  of  school  and 
employing  teachers  holding  first  grade  certificates  receive 
special  state  aid  in  amount  of  $150  for  each  teacher.  Dis- 
tricts maintaining  seven  months  of  school  and  employing 
teachers  holding  second  grade  certificates  receive  $  1 00  for  each 
teacher.  Districts  whose  local  tax  levy  for  maintenance  of 
schools  exceeds  twenty  mills,  may  receive,  in  addition  to  other 
aid,  a  sum  equal  to  one  third  of  the  excess,  with  a  maximum 
of  $200  for  each  teacher.  Rural  school  districts  associated 
with  a  central  school  receive  $50  annually  and  library  aid 
of  $10  for  each  teacher  not  to  exceed  $25  to  a  building. 
In  addition  to  the  requirements  above,  the  State  Superin- 


92  FARMERS'  LAW 

tendent  of  Education  has  laid  down  certain  requirements 
as  to  equipment  and  other  conveniences  and  these  also 
must  be  met  in  order  to  qualify  for  aid. 

ASSOCIATION 

An  associated  rural  school  is  one  which,  by  a  process 
hereinafter  described,  provides  for  the  instruction  of  its 
pupils  in  agricultural  and  industrial  subjects  and  is  under 
the  care  and  influence  of  the  high  or  graded  school,  termed 
the  "central"  school,  with  which  it  is  associated.  The 
superintendent  or  principal  of  the  central  school  exercises 
the  same  authority  over  the  associated  rural  school  as  over 
his  central  schools,  and  prepares  for  it  a  course  of  study 
which  includes  agriculture  and  one  of  the  other  industrial 
subjects,  manual  training  or  home  economics,  or  both. 

Association  is  accomplished  by  the  following  steps:  (1) 
A  petition  signed  by  twenty-five  per  cent  of  the  freeholders 
in  the  district  goes  to  the  county  superintendent;  (2)  he 
calls  a  special  meeting  giving  proper  notice  of  same;  (3)  at 
the  meeting  the  voters  check  ballots  which  read  as  follows: 
"To  associate  with  District  No.  ...  at for  the  main- 
tenance of  an  agricultural  and  industrial  department. 
Yes  . . .,  No  . . .,"  (4)  if  a  majority  of  the  voters  place  a 
cross-mark  after  "Yes"  the  district  becomes  associated  with 
the  central  school  upon  the  approval  of  the  board  of  the 
central  school.  The  board  of  the  rural  district  then  chooses 
one  of  its  members  to  act  with  the  board  of  the  central 
school  in  matters  relating  to  association. 

The  boards  of  rural  school  districts  which  have 
associated  with  a  central  school,  at  a  meeting  held  the 
first  Monday  in  August  of  each  year,  make  a  tax  levy 
to  pay  for  the  advantages  under  association.  The  tax 
so  levied  must  not  be  less  than  two  mills.     The  central 


SCHOOLS  93 

school  receives  from  the  state  $200  per  year  for  each 
year  that  each  district  is  associated,  and  the  associated  dis- 
trict itself,  upon  the  recommendation  of  the  superintendent 
of  the  central  school  and  of  the  county  superintendent, 
receives  $50  per  year  from  the  state. 

The  central  school  is  not  permitted  to  make  a  tuition 
charge  against  any  associated  district  where  children  from 
that  district  attend  the  central  school.  But  a  tuition  charge 
may  be  made  against  districts  not  associated  where  children 
from  such  a  district  are  enrolled  in  the  seventh  grade  or 
above  and  are  receiving  instruction  in  agriculture,  home 
economics,  or  manual  training.  The  State  High  School 
Board  has  ruled  that  these  tuition  rates  may  be  no  higher 
than  $1.50  per  month  in  seventh  and  eighth  grades  and  $2 
for  one  industrial  subject  in  the  high  school.  The  monthly 
charge  in  any  case  may  not  exceed  $2.50  for  any  pupil. 

Associated  districts  may  vote  to  withdraw  from  the 
relationship  by  a  two-thirds  vote,  if  at  least  a  year's  notice 
has  been  given  the  central  district  of  the  intention  to  vote 
upon  withdrawal. 

CONSOLIDATION 

Consolidation  is  either  the  joining  of  two  or  more  school 
districts  of  any  kind  to  form  a  new  district  or  the  annexation 
of  one  or  more  districts  to  a  district  which  already  exists 
and  in  which  is  maintained  a  state  graded,  semi-graded,  or 
high  school.  In  either  case  the  districts  are  consolidated 
so  as  to  provide  larger  or  better  organized  schools  than  are 
possible  under  the  old  rural  school  unit  system. 

The  proceedings  in  the  consolidation  of  rural  school  dis- 
tricts into  a  new  school  district  are  outlined  in  the  statutes. 
The  county  superintendent  prepares  a  plat  of  the  proposed 
district,  in  which  are  shown  its  size,  boundaries,  location  of 


94  FARMERS'  LAW 

school  houses,  and  the  location  of  adjoining  districts  and 
school  houses.  This  plat  is  submitted  to  the  State  Superin- 
tendent of  Education  for  his  approval.  If  the  plat  is 
approved,  petitions  asking  for  the  formation  of  the  consoli- 
dated district  must  be  signed  and  acknowledged  by  at  least 
twenty-five  per  cent  of  the  freeholders  in  the  proposed  new 
district,  and  these  petitions  are  presented  to  the  county 
superintendent.  He,  within  ten  days,  gives  ten  days'  post- 
ed notice  of  a  special  meeting  to  be  held  within  the  proposed 
district  to  vote  upon  consolidation.  The  time  and  place  of 
the  meeting  must  also  be  included  in  the  notice.  If,  on 
the  date  set,  at  least  twenty-five  voters  are  present,  they 
vote  by  ballot  on  consolidation.  The  result  of  the  ballot 
is  sent  to  the  county  superintendent,  and  if  there  is  a  major- 
ity in  favor  of  consolidation  he  transmits  a  copy  of  the 
results  to  the  county  auditor,  to  the  clerk  of  each  district 
affected  by  the  change,  and  to  the  State  Superintendent  of 
Education.  He  further  gives  ten  days'  posted  notice  of 
a  meeting  to  elect  the  officers  for  the  new  district. 

The  proceedings  where  it  is  proposed  to  consolidate 
rural  school  districts  with  a  district  in  which  is  maintained 
a  state  graded,  semi-graded,  or  high  school  are  the  same, 
except  that  only  the  rural  districts  vote  upon  consolidation. 
The  school  board  of  the  district  with  which  these  rural  dis- 
tricts are  voting  to  consolidate,  to  make  the  consolidation 
valid,  approve  it. 

Boards  in  consolidated  districts  are  authorized  to  estab- 
lish schools  of  two  or  more  departments,  provide  for  the 
transportation  of  pupils  to  and  from  school,  or  spend  a  reason- 
able amount  for  room  and  board  of  pupils  when  it  is  more 
convenient  or  cheaper  to  do  so  than  to  transport  them. 

The  state  gives  special  aid  to  consolidated  schools: 
$500     per  year  to  districts  which  have  an  area  of  18  sec- 


8CH00L8  96 

tions  and  a  school  of  four  departments;  $250  per  year 
where  the  area  is  18  sections  and  there  are  three  depart- 
ments; and  rural  school  aid  where  the  area  is  12  sections 
and  there  are  two  departments.  The  state  will  also  pay  for 
one  fourth  of  the  cost  of  a  new  school  building,  but  not  more 
than  $2,000  to  any  one  district.  In  addition,  consolidated 
schools  may  draw  as  much  as  $2,000  for  reasonable  cost  of 
transportation  of  pupils. 

COMPULSORY  EDUCATION 

Every  child  between  eight  and  sixteen  years  of  age  must 
attend  a  public  or  private  school  during  the  entire  time  the 
public  schools  of  the  district  in  which  the  child  lives  are  in 
session.  A  child  may  be  excused  from  attendance  upon 
application  to  the  board  if  it  is  shown  that  his  bodily  or 
mental  condition  prevents  attendance  or  application  to 
study,  or  that  he  has  completed  the  subjects  ordinarily 
required  in  eighth  grade,  or  that  there  is  no  public  school 
within  reasonable  distance,  or  weather  conditions  or  travel 
make  it  impossible  for  the  child  to  attend.  Children  over 
fourteen  years  of  age  may  be  excused  between  April  1  and 
November  1  if  their  help  is  needed  in  or  about  the  homes  of 
the  parents  or  guardians.  Children  may  also  be  absent  on 
days  they  are  receiving  religious  instruction  according  to 
the  rites  of  some  church.  Parents  or  others  having  control 
of  children  who  fail  to  keep  such  children  in  school  as  re- 
quired by  law  are  guilty  of  a  misdemeanor  and  may  be 
punished  by  a  fine  of  not  more  than  fifty  dollars  or  imprison- 
ment in  the  county  jail  for  not  more  than  thirty  days. 


CHAPTER  XVIII 

ELECTIONS-PRIMARY  AND 
GENERAL 

WHO  MAY  VOTE 

These  persons  may  vote  in  Minnesota:  male  citizens, 
21  years  of  age,  who  have  Hved  in  the  state  six  months  and 
in  the  election  district  for  thirty  days  preceding  an  election 
and  who  belong  to  one  of  the  following  classes:  (1)  those 
who  have  been  citizens  of  the  United  States  for  three  months 
preceding  an  election;  (2)  those  of  mixed  white  and  Indian 
blood  who  have  adopted  the  customs  and  habits  of  civiliza- 
tion; (3)  those  of  Indian  blood  who  have  been  admitted  to 
citizenship  by  the  district  court.  Women  who  are  21  years 
of  age  may  vote  for  school  officers  and  members  of  library 
boards,  as  well  as  on  questions  relating  to  those  institutions. 

THE  ELECTIONS 

It  IS  not  within  the  purpose  of  this  book  to  deal  with 
school  district,  town,  village,  and  city  elections.  We  shall 
treat  only  of  the  general  election  and  the  two  primary  elec- 
tions,— the  presidential  preference  primary  and  the  "state- 
wide" primary. 

PRESIDENTIAL  PREFERENCE  PRIMARY  ELECTIONS 

On  the  same  date  as  the  town  meeting — the  second 
Tuesday  in  March — except  that  it  is  not  held  annually  as 
is  the  town  meeting,  but  once  in  four  years,  the  presidential 
preference  primary  election  occurs.     Its  purposes  are  three: 


ELECTIONS— PRIMARY  AND   GENERAL  97 

(1)  the  popular  expression  for  the  party  nominations  for 
President  and  Vice-President  of  the  United  States,  (2)  the 
nomination  of  presidential  electors,  and  (3)  the  election  of 
delegates  (and  alternates)  to  the  national  convention  of 
each  party.  The  vote  at  this  election  is  on  party  lines 
only. 

The  names  of  candidates  for  President  and  Vice-Presi- 
dent are  placed  on  the  ballot  by  the  Secretary  of  State  after 
receiving  a  petition  sighed  by  two  per  cent  of  the  total  vote 
of  the  party  at  the  last  presidential  election,  but  the  petition 
shall  contain  no  more  than  500  signatures.  Those  desiring 
to  be  candidates  for  presidential  electors  or  delegates  to  the 
national  convention  must  file,  thirty  days  before  the  elec- 
tion, with  the  Secretary  of  State  when  to  be  voted  for  in 
more  than  one  county,  and  with  the  county  auditor  when 
in  a  single  county.  They  must  further  pledge  that  they 
will,  in  the  event  of  their  election,  faithfully  carry  out  the 
wishes  of  their  parties  as  expressed  by  the  voters  at  this 
election.  The  candidates  for  electors  having  the  highest 
number  of  votes  are  the  nominees  of  their  parties  and  their 
names  are  placed  on  the  ballots  at  the  next  general  election. 
The  candidates  of  each  party  for  delegates  who  receive  the 
largest  number  of  votes  are  declared  elected  and  attend  the 
national  convention  of  their  party.  The  next  highest  are 
alternates.  The  delegates  are  bound  to  support  at  their  con- 
ventions the  candidates  for  President  and  Vice-President 
who  received  the  largest  number  of  votes  of  their  party  at 
the  presidential  preference  primary  election. 

Voters  at  this  election,  before  receiving  a  ballot,  must 
name  the  party  with  which  they  intend  to  affiliate  in  the 
coming  general  election. 


98  FARMERS'  LAW 

THE  STATE-WIDE  PRIMARY  ELECTION 

At  the  state-wide  primary  election,  which  takes  place 
the  third  Tuesday  in  June  preceding  a  general  election,  all 
elective  county  officers  except  the  county  surveyor,  all  state 
officers,  district  and  Supreme  Court  judges,  members  of  the 
State  Legislature  and  of* Congress  are  nominated.  Of  these, 
all  county  officers,  the  judges,  and  members  of  the  legis- 
lature are  nominated  on  the  nonpartisan  ballot;  the  others, 
on  party  lines. 

To  get  his  name  on  a  ballot  for  this  primary  election, 
a  candidate  must  file  with  the  county  auditor  if  he  is  to  run 
in  one  county  and  with  the  Secretary  of  State  if  he  is  to  run 
in  more  than  one  county.  The  fee  for  filing  is  $10  with 
the  county  auditor  and  $20  with  the  Secretary  of  State, 
except  that  candidates  for  state  offices,  judges  of  the  Su- 
preme Court,  and  congressmen  at  large  pay  $50.  Filing 
with  the  Secretary  of  State  must  be  done  40  days,  and  with 
the  county  auditor  20  days,  before  the  primary  election. 
Names  of  justices  of  the  Supreme  Court  may  also  be  placed 
on  the  primary  election  ballot  by  a  petition  signed  by  from 
500  to  1000  voters  of  the  state;  district  court  judges  by  a 
petition  signed  by  250  to  500  voters.  It  is  no  longer  pos- 
sible to  secure  a  nomination  by  petition  after  the  primary 
election  is  over  unless  there  is  a  vacancy  among  the  candi- 
dates. 

Every  voter,  without  regard  to  his  political  affiliations, 
has  the  right  to  vote  a  nonpartisan  ballot  at  the  primary. 

The  two  candidates  for  any  nonpartisan  office  who  re- 
ceive the  highest  number  of  votes  are  the  nominees  and 
their  names  will  go  on  the  ballot  at  the  general  election. 
When  only  two  persons  file  for  a  nonpartisan  office  they 
are  considered  the  nominees  for  the  office  and  their  names 
are  not  placed  on  the  primary  election  ballot. 


ELECTIONS^PRIMARY  AND   GENERAL 


99 


There  will  be  as  many  party  or  partisan  ballots  as  there 
are  active  parties  interested  in  the  election.  The  voter  may 
call  for  such  party  ballot  as  he  declares  he  generally  sup- 
ported at  the  last  election  and  which  he  intends  to  support 
at  the  coming  election.  If  his  right  to  the  party  ballot 
which  he  names  is  questioned,  he  may  make  the  same 
declaration  under  oath,  and  the  ballot  is  then  given  him. 
In  marking  the  partisan  ballot  the  voter  places  an  X  after 
his  first  choice  and  also  after  his  second  choice  of  the  candi- 
dates. On  the  partisan  ballot  the  candidate  securing  a 
majority  of  all  votes  cast  is  the  nominee  of  his  party.  That 
majority,  unless  it  is  apparent  from  the  total  first  choice 
votes,  is  found  as  in  the  following  illustration: 


Candidates 

First 
choice 
votes 

Second  choice  votes 

Brown 

Smith 

Jones 

Johnson 

Brown 

8,000 

4,000 

1,000 

400 

Smith 

7,000 

3,200 

800 

3,000 

Jones 

6,000 

2,000 

3,500 

400 

Johnson 

5,000 

2,000 

2,000 

1,000 

Johnson,  having  the  least  number  of  first  choice  votes,  is 
dropped.  The  second  choice  votes  of  those  who  voted  for 
him  are  then  added  to  the  totals  of  the  first  choice  votes  of 
the  candidates  for  whom  those  second  choice  votes  are  cast. 
This  leaves  the  total  vote:  Brown,  10,000;  Smith,  9,000; 
Jones,  7,000.     Still  no  candidate  has  the  required  majority. 


100  FARMERS'  LAW 

Next,  Jones  is  dropped,  the  second  choice  votes  of  those 
who  voted  for  him  being  added  to  the  total  votes  of  Brown 
and  Smith  as  they  now  stand.  This  gives  the  following 
result:  Brown,  12,000;  Smith,  12,500.  As  Smith  now  has 
a  majority,  he  is  declared  the  nominee  of  his  party. 

THE  GENERAL  ELECTION 

The  date  of  the  general  election  is  the  Tuesday  after  the 
first  Monday  in  November  in  even-numbered  years.  Can- 
didates nominated  at  the  preceding  primary  elections  are 
voted  upon  and  the  candidate  for  each  office  who  receives 
the  greatest  number  of  votes  is  declared  elected. 

THE  CORRUPT  PRACTICES  ACT 

The  State  Legislature  in  special  session  in  the  summer 
of  1912  passed  a  thorough-going  corrupt  practices  act, — an 
act  regulating  the  conduct  of  campaigns.  Some  of  its 
essential  features  are  here  given  in  condensed  form. 

Candidates,  after  filing,  are  forbidden  to  pay  out  money 
or  give  other  valuable  things  for  any  but  (1)  necessary  per- 
sonal traveling  expenses,  postage,  telegraph,  telephone,  and 
other  public  messenger  service;  (2)  rent  of  halls  where 
speeches  are  made;  (3)  pay  for  speakers  and  musicians  and 
their  traveling  expenses;  (4)  printing  of  sample  ballots, 
posters,  cards,  handbills;  (5)  filing  fees;  (6)  campaign  adver- 
tising in  newspapers  and  other  periodicals.  Publishers  are 
required  to  print  *Taid  Advertisement^^  in  pica  type  at 
the  head  of  all  matter  dealing  with  candidates  which  is  paid 
for  and  published  in  their  periodicals.  Candidates  are  re- 
quired to  keep  within  the  following  limitations  in  the  total 
amounts  they  may  spend  during  a  campaign :  candidates  for 
governor,  $7,000;  other  state  officers,  $3,500;  state  senators, 
$600;  state  representatives,  $400;  county  officers,  one-third 


ELECTIONS— PRIMARY  AND   GENERAL  101 

of  the  salary  that  the  candidate,  if  elected  to  the  office, 
will  draw.  No  person  is  permitted  to  solicit  of  candidates 
contributions  for  any  religious,  charitable,  or  other  causes, 
or  for  the  public  good.  No  food,  entertainment,  clothing, 
liquors,  tobacco  or  cigars,  etc.,  shall  be  given  or  be  paid  for 
by  a  candidate  with  the  hope  or  purpose  of  influencing  a 
voter.  Threat  to  make  use  of  any  force  or  violence  in 
order  to  induce  any  person  to  vote  for  any  candidate  is 
prohibited.  Candidates  may  not  make  bets  or  wagers  as 
to  the  outcome  of  any  election  in  their  election  districts.  It 
is  unlawful  for  any  person  to  furnish  a  vehicle  for  carrying 
any  voter  to  the  polls  unless  such  voter  is  of  the  same 
household  as  the  person  furnishing  the  conveyance  or 
where  two  or  more  voters  club  together  for  hiring  such  a 
conveyance  at  their  own  expense.  It  is  unlawful  for  any 
person  within  one  hundred  feet  of  a  building  in  which  there 
is  a  polling  place  in  any  way  to  try  to  persuade  a  voter  to 
vote  for  or  to  refrain  from  voting  for  any  candidate.  Cam- 
paign literature  of  any  kind  may  not  be  circulated  any- 
where on  the  day  of  an  election.  Every  candidate,  or  the 
secretary  of  his  campaign  committee,  must  file  with  the 
officer  with  whom  he  filed  for  election,  on  certain  Saturdays 
which  the  law  names,  complete  statements  of  all  expendi- 
tures made  on  account  of  the  campaign. 

CONSTITUTIONAL  AMENDMENTS 

At  the  general  election  there  is  handed  to  each  male 
voter,  in  addition  to  the  state  and  county  ballots,  a  "pink 
ballot"  which  names  and  describes  briefly  the  amendments 
to  the  State  Constitution  which  have  been  proposed  at  the 
preceding  session  of  the  Legislature  by  a  majority  vote  of 
both  houses.  The  voter  is  to  vote  upon  each  proposed 
amendment  separately.     In  order  to  become  a  part  of  the 


102  FARMERS'  LAW 

Constitution,  a  proposed  amendment  must  receive  a  major- 
ity of  all  votes  cast  at  that  election.  Every  voter  should 
inform  himself  before  the  day  of  the  election  as  to  what 
amendments  have  been  proposed  and  for  and  against 
which  he  will  have  the  opportunity  to  cast  his  vote.  Then, 
when  he  steps  into  the  booth,  he  will  not  neglect  the  very 
important  duty  of  giving  intelligent  expression  of  his 
desires  as  to  the  proposed  amendments. 

FURTHER  RULES  CONCERNING  ELECTIONS 

Polls  are  to  be  kept  open  in  towns  and  villages  from 
9  a.  m.  until  9  p.  m.  both  for  primary  and  general  elections. 
Towns  have  one  polling  place  unless  there  are  more  than 
400  voters,  in  which  case  two  polling  places  are  provided. 
Liquor  may  not  be  sold  on  any  general,  special,  or  primary 
election  day.  Employees  are  permitted  to  leave  their  work 
in  order  to  vote  during  the  forenoon  of  an  election  day  with- 
out any  decrease  in  the  amount  of  their  pay  because  of  the 
absence. 


CHAPTER  XIX 

WILLS  AND  ADMINISTRATION 

Jones  dies,  leaving  property.  How  and  to  whom  that 
property  is  to  be  distributed  will  depend  upon  whether 
Jones  dies  with  or  without  having  made  a  will.  If  he  dies 
having  provided  a  valid  will,  his  property  is  distributed 
according  to  the  terms  of  that  instrument ;  if  he  fails  to  do  so, 
it  is  distributed  according  to  law.  Both  methods  of  admin- 
istration of  the  estates  of  deceased  persons  Will  be  briefly 
described  in  this  chapter. 

WHO  MAY  MAKE  A  WILL 

"Every  person  of  full  age  and  sound  mind"  may  dispose 
of  his  estate,  real  and  personal,  by  will.  "Every  person" 
here  includes  married  women.  "Full  age"  is  twenty-one 
with  men,  eighteen  with  women.  Insane  and  feeble-minded 
persons  and  those  under  the  influence  of  intoxicants  can 
not  be  considered  of  "sound  mind." 

THE  FORM  OF  THE  WILL 

Wills  must  be  in  writing.  They  need  not  follow  any 
prescribed  form  but  they  must  be  signed  by  the  testator 
and  witnessed  and  subscribed  in  his  presence  by  two  or  more 
witnesses.  The  following  is  a  suggested  form  of  will  where 
all  the  property  goes  to  one  person.  Where  there  is  more 
than  one  beneficiary  the  will  is  necessarily  longer  and  con- 
tains more  provisions  for  the  distribution  of  the  property. 


104  FARMERS'  LAW 

Short  Form  of  Will 

I,  John  Jones,  of  the  County  of and  State 

of  Minnesota,  being  of  sound  mind  and  memory,  do  declare 
this  to  be  my  last  will  and  testament,  revoking  all  former 
wills  and  testamentary  instruments  by  me  made. 

First,  after  the  payment  of  my  just  debts  and  funeral 
expenses,  I  give,  devise,  and  bequeath  all  my  estate,  real  and 
personal,  of  every  kind  and  nature,  wherever  situated,  to  my 
son,  Ralph  Jones. 

Second,  I  appoint  my  said  son,  Ralph  Jones,  executor  of 
this  my  last  will  and  testament. 

In  testimony  whereof  I  have  hereunto  subscribed  my 
name  this  ninth  day  of  August,  A.  D.  1913. 

John  Jones  (Signature  of  testator) 

On  this  ninth  day  of  August,  A.  D.  1913,  the  above 
named  testator,  John  Jones,  subscribed  the  foregoing  instru- 
ment in  our  presence  and  declared  the  same  to  be  his  last  will 
and  testament,  and  we,  at  his  request,  and  in  his  presence 
and  in  the  presence  of  each  other,  have  subscribed  our  names 
hereunto  as  witnesses. 

(Signatures     James  Jameson  residing  at  

of  witnesses)  Alfred   Beamer  residing  at  

The  statute  requires  "two  or  more  competent  witnesses" 
to  attest  and  subscribe.  The  last  clause  in  the  form  of  will 
above  is  the  attestation  clause.  The  attestation  consists 
in  the  two  or  more  witnesses,  as  Jameson  and  Beamer  in  the 
case  of  the  will  above,  signing,  that  is,  "subscribing,"  their 
names  at  the  end  of  the  will  at  the  testator's  request  and  in 
his  presence.  Jameson  and  Beamer  in  this  instance  should 
have  seen  Jones  sign  the  will  or  he  must  have  told  them  that 
the  signature  was  his  own. 

COMPETENT    WITNESSES 
Where  one  who  is  to  receive  a  legacy  under  the  will  is  a 
witness  to  its  execution,  there  should  be  two  other  witnesses 
who  will  receive  none.     Otherwise  such  a  legacy  is  void. 


WILLS  AND  ADMINISTRATION  105 

SHOULD  ONE  DRAW  HIS  OWN  WILL? 

Although  the  essentials  of  a  valid  will  are  neither  many 
nor  difficult  of  understanding,  one  not  thoroughly  learned 
in  the  law  would  be  very  unwise  in  drawing  his  own  will, 
especially  when  adequate  legal  advice  can  be  secured. 

HOW  WILLS  ARE  REVOKED  OR  CANCELED 

A  will  is  revoked  by  a  later  will  or  by  some  writing  of  the 
testator  revoking  it.  Such  a  writing  must  be  made  in  the 
same  way  as  the  original  will.  A  will  may  also  be  revoked  if 
"burnt,  torn,  canceled,  obliterated,  or  destroyed"  by  the 
testator  himself  or  by  another  person  whom  he  has  ordered 
so  to  do  in  his  presence.  The  injury  or  destruction  of  a  will 
after  this  manner  must  be  proven  by  at  least  two  witnesses. 
A  will  is  revoked  if,  after  it  is  made,  the  testator  marries. 
Also,  all  provisions  in  favor  of  a  spouse  are  revoked  by 
divorce  from  that  spouse. 

STEPS  IN  ADMINISTERING  AN  ESTATE  WHERE  A  WILL 
HAS  BEEN  MADE 

At  any  time  after  the  death  of  the  maker  of  a  will  any 
person  interested  in  the  estate,  be  he  named  in  the  will  or 
not,  may  petition  the  probate  court  of  the  proper  county 
to  have  the  will  proved.  The  court  files  the  petition  and 
appoints  a  time  and  place  for  hearing  the  proofs  of  the  will 
and  provides  that  a  notice  of  the  hearing  be  published  in  a 
newspaper.  At  this  hearing  evidence  may  be  brought  for- 
ward to  prove  that  the  will  before  the  court  is  or  is  not  the 
valid  last  will  and  testament  of  the  deceased.  Effort  is 
usually  made  to  have  the  subscribing  witnesses  present  at 
the  hearing  but,  as  their  presence  is  frequently  impossible, 
other  witnesses  may  be  admitted  to  prove  the  proper  execu- 
tion of  the  will  by  proving  the  handwriting  of  the  testator 


106  FARMERS'  LAW 

and  of  the  subscribing  witnesses.     Then  the  court  allows  or 
disallows  the  will. 

EXECUTOR  AND  ADMINISTRATOR 

John  Jones,  in  the  body  of  the  will  given  near  the  open- 
ing of  this  chapter,  provides  that  his  son,  Ralph  Jones,  shall 
be  executor  of  his  estate, — that  is,  that  he  is  to  have  charge 
of  the  estate  until  final  distribution  according  to  the  terms 
of  the  will.  Frequently  the  testator  does  not  name  an 
executor,  or  the  person  named  has  died  or  refuses  to  accept 
the  trust.  Then  the  probate  judge  appoints  an  adminis- 
trator, either  the  "spouse  or  next  of  kin  or  both,  or  some 
person  selected  by  them."  The  executor  or  administrator 
must  give  bond  in  the  amount  the  court  directs,  to  insure 
faithful  performance  of  the  trust. 

NOTICE  TO  CREDITORS 

The  executor  or  administrator  then  gives  notice  by 
publication  for  three  weeks  in  a  newspaper  for  all  creditors 
to  present  their  claims  against  the  estate  in  writing.  The 
judge  of  probate  may  allow  from  six  months  to  a  year  for 
the  presentation  of  these  claims.  They  must  be  itemized 
and  verified  by  affidavit. 

INVENTORY  AND  APPRAISAL  OF  THE  ESTATE 

Within  three  months  after  his  appointment  the  executor 
or  administrator  must  make  and  return  to  the  probate  court 
an  inventory  and  appraisal  of  all  the  property  of  the 
deceased.  Appraisal  is  made  by  two  or  more  disinterested 
persons  appointed  by  the  court  for  that  purpose.  The 
inventory  contains  the  following  classification  of  property : 
(1)  real  estate,  (2)  furniture  and  household  goods,  (3)  wear- 
ing apparel  and  ornaments,  (4)  stock  in  banks  and  other 


WILLS   AND  ADMINISTRATION  107 

corporations,   (5)    mortgages,    bonds,    and    other    written 
evidences  of  debt,  (6)  all  other  personal  property. 

SETTLEMENT  OF  THE  ESTATE 

The  probate  judge  allows  the  executor  or  administrator 
a  reasonable  period,  not  to  exceed  eighteen  months,  in 
which  to  settle  the  estate.  For  good  cause  this  period  may 
be  extended,  but  not  to  exceed  one  year  at  a  time.  In  set- 
tling the  estate  the  provisions  of  the  will  are  followed,  except 
as  to  setting  aside  the  homestead  dealt  with  below  under 
''Descent  of  Property"  and  except  where  the  will  conflicts 
with  the  law  as  to  distribution  of  personal  property. 

Children  born  after  the  will  was  made,  without  provision 
having  been  made  for  them  in  the  witt  or  otherwise,  share 
in  the  estate  just  as  if  the  father  had  died  having  made  no 
will.  The  same  is  true  of  any  other  of  his  children  or  issue 
of  deceased  children  not  benefiting  under  the  will,  unless  it 
is  proved  that  the  omission  was  intentional. 

ADMINISTRATION  OF  THE  ESTATE  WHERE  THE  DECEASED 
HAS  LEFT  NO  WILL 

Had  John  Jones  died  "intestate,"  that  is,  leaving  no 
will,  the  steps  preparatory  to  settling  up  the  estate  would 
have  been  much  the  same  as  they  have  already  been  out- 
lined in  this  chapter.  After  his  death  there  would  be,  first, 
a  petition  by  some  person  interested  in  the  estate  asking  for 
the  appointment  of  an  administrator.  Then  would  follow 
the  published  notice  of  the  hearing  to  persons  interested. 
The  hearing  having  occurred,  the  court  would  appoint  an 
administrator.  Creditors  would  be  notified,  inventory  and 
appraisal  of  all  property  would  Be  made,  and  claims  settled. 
Then  would  follow  the  final  hearing  and  the  estate  would  be 
divided  according  to  law. 


108  FARMERS'  LAW 

DESCENT  OF  PROPERTY 

The  distribution  of  the  estate  of  a  person  dying  intestate 
is  provided  for  under  three  classifications,  (a)  Homestead, 
(b)  Other  Real  Property,  (c)  Personal  Property. 

(a)  The  Homestead 

The  homestead,  defined  elsewhere  in  this  book,  descends 
to  the  surviving  spouse  if  there  is  no  surviving  child  or 
issue  of  any  deceased  child.  In  the  former  case  the  sur- 
viving spouse  takes  an  absolute  title  to  the  homestead.  If 
there  are  both  a  spouse  and  child  or  children  or  issue  of 
deceased  children,  the  homestead  descends  to  the  spouse  for 
the  rest  of  his  or  her  life.  These  rules  apply  to  the  descent 
of  the  homestead  in  spite  of  provisions  in  wills  or  other 
disposal  made  without  the  consent  of  the  spouse.  In 
other  cases  the  homestead  may  be  disposed  of  by  will,  and 
if  not  by  will,  it  descends  in  the  same  manner  as  other  real 
estate. 

(b)  Other  Real  Estate 

All  real  estate  other  than  the  homestead  descends  as 
follows : 

(1)  All  to  the  surviving  spouse,  if  there  are  no  children 
or  issue  of  deceased  children. 

(2)  One-third  to  the  surviving  spouse,  if  he  or  she  has 
not  consented  to  the  disposition  of  such  real  estate 
in  writing  by  will  or  otherwise,  and  the  remainder 
equally  divided  between  children  and  the  issue  of 
deceased  children. 

(3)  If  there  is  no  surviving  spouse,  all  the  lands  are 
divided  equally  between  the  children  and  issue  of 
deceased  children. 


WILLS  AND  ADMINISTRATION  109 

(4)  In  the  absence  of  spouse  or  issue,  to  the  father  and 
mother  in  equal  shares.  If  but  one  of  these  survives 
then  all  to  such  survivor. 

(5)  If  there  are  none  of  the  above,  in  equal  shares  to 
brothers  and  sisters  and  lawful  issue  of  deceased 
brothers  and  sisters. 

(6)  If  the  intestate  leaves  no  issue,  spouse,  father  or 
mother,  or  brother  or  sister,  or  living  issue  of  brother 
or  sister,  to  the  "next  of  kin"  (nearest   relatives). 

(7)  If  there  is  neither  spouse  nor  kindred,  all  the 
property  goes  to  the  state. 

(c)     Personal  Property 

The  widow  is  allowed  all  the  wearing  apparel  of  her 
deceased  husband.  Household  furniture  to  the  value  of 
not  more  than  five  hundred  dollars  and  other  personal 
property  in  the  same  amount,  in  both  cases  her  own  selec- 
tion, go  to  her.  If  there  is  no  surviving  widow,  the  same 
allowances  go  to  the  minor  children,  selection  to  be  made 
for  them  by  their  guardian.  The  excess  of  personal  prop- 
erty over  these  amounts  is  distributed  in  the  following 
order:  (1)  payment  of  funeral  expenses  and  costs  of 
administering  the  estate,  (2)  payment  of  the  debts  of  the 
estate,  (3)  one-third  of  the  remainder  to  the  widow,  (4)  the 
remaining  two-thirds,  or  the  whole,  if  there  is  no  widow,  to 
be  distributed  as  in  the  case  of  the  division  of  real  estate  as 
outlined  under  (b).  These  provisions  for  the  division  of 
the  personal  estate  apply  as  well  to  a  surviving  husband  as 
to  a  surviving  wife. 

POSTHUMOUS  CHILDREN 

In  the  descent  of  property  a  child  born  after  the  death 
of  its  parent  is  considered  as  living  at  the  time  of  such 
death. 


no  FARMERS'  LAW 

GUARDIANS 

Guardians  for  children  under  age  are  sometimes  named 
in  wills.  Where  this  has  not  been  done  and  where  the 
court  deems  it  advisable,  it  may  appoint  guardians  for  the 
children  and  the  estate  if  the  children  are  under  fourteen. 
Children  over  fourteen  may  select  their  own  guardians  sub- 
ject to  the  approval  of  the  court. 


CHAPTER  XX 

CO-OPERATIVE  ASSOCIATIONS 

In  recent  years  there  has  been  a  great  development  of 
co-operative  organization  among  Minnesota  farmers. 
Familiar  examples  of  these  co-operative  enterprises  are 
creameries,  cheese  factories,  skimming  stations,  grain  ele- 
vators, town  mutual  insurance  companies,  stores,  threshing 
rigs,  silage  outfits,  corn  shellers,  and  stallions.  The  statute 
permits  these  co-operative  associations  to  engage  in  "any 
lawful  mercantile,  manufacturing,  or  agricultural  business." 
The  organization  and  management  of  these  associations  is 
governed  by  statute  and  is  the  same  for  all  except  for  the 
township  mutual  insurance  company,  which  is  discussed  in 
a  later  chapter. 

ORGANIZATION 

Co-operative  associations  are  financed  by  subscription 
for  shares  of  stock.  These  shares  are  usually  from  one  to 
one  hundred  dollars  in  face  value.  The  entire  capital  stock 
of  a  creamery  association  may  not  exceed  twenty-five  thou- 
sand dollars,  while  other  enterprises  may  sell  stock  in 
amount  of  one  hundred  thousand  dollars.  No  less  than 
seven  persons  may  organize  such  an  association  and  own  its 
stock.  No  share  may  be  issued  for  less  than  its  par  value 
and  no  member  of  the  association  is  permitted  to  own 
stock  whose  par  value  is  greater  than  one  thousand  dollars. 
The  association  may  commence  business  as  soon  as  twenty 
per  cent  of  the  capital  stock  has  been  subscribed  and  paid 


112  FARMERS'  LAW 

in.  The  association  is  forbidden  to  issue  any  certificate 
for  shares  before  the  full  amount  of  those  shares  has  been 
paid  in.  The  certificate  of  incorporation  of  the  association 
is  filed  in  the  office  of  the  clerk  of  the  town,  village,  or  city 
in  which  the  business  is  carried  on.  A  majority  of  the 
incorporators  must  be  residents  of  the  county  of  its  princi- 
pal place  of  business.  The  duration  of  any  such  com- 
pany shall  not  exceed  twenty  years,  but  this  period  may 
be  extended  by  renewal. 

MANAGEMENT 

The  officers  of  such  an  association  are  a  president,  a 
treasurer,  and  not  less  than  three  directors,  and  these  are 
chosen  annually  by  the  stockholders.  These  officers  act 
as  a  board  of  managers  for  the  association.  By-laws  for 
the  conduct  of  the  association  are  made  at  its  meetings  and 
in  these  by-laws  it  may  provide  for  any  other  officers.  The 
certificate  of  incorporation  may  be  amended  at  a  stock- 
holders' meeting  upon  ten  days'  notice. 

PROFITS 

The  profits  of  the  association  are  usually  distributed  as 
dividends  in  proportion  to  the  amount  of  stock  that  each 
member  holds.  These  dividends  must  be  declared  as  often 
as  once  a  year.  Where  for  five  successive  years  the  board 
fails  to  declare  a  dividend,  five  or  more  stockholders  by 
petition  may  apply  to  the  district  court  to  have  the  associa- 
tion dissolved. 

REPORT  TO  DAIRY  AND  FOOD  COMMISSION 

Every  creamery  association,  on  or  before  December  30 
of  each  year,  must  make  a  report  to  the  State  Dairy  and 
Food  Commission  at  the  Capitol  in  St.  Paul,  giving  the  name 
of  the  corporation,  its  principal  place  of  business,  the  loca- 


CO-OPERATIVE  ASSOCIATIONS  113 

tion  of  the  creamery,  and  the  number  of  pounds  of  butter 
or  other  dairy  products  made  by  it  during  the  year. 

RECENT  DEVELOPMENTS  IN  CO-OPERATION 

In  some  communities  of  the  state  co-operative  associa- 
tions have  in  recent  years  been  so  organized  that  not  only 
the  stockholders  but  also  their  patrons  share  in  the  profits. 
In  such  associations  the  certificate  of  incorporation  provides 
that  the  stock  draw  only  a  reasonable  rate  of  interest, — 6,  7, 
or  8  per  cent — ,  and  that  beyond  this  and  a  small  sum  set 
aside  for  a  sinking  fund  the  profits  are  to  be  divided  accord- 
ing to  the  patronage  of  the  customers,  whether  or  not  they 
hold  stock  in  the  association.  This  plan  has  the  advantage 
over  the  one  in  which  the  profits  are  divided  among  the 
shareholders  only  in  that  it  encourages  each  patron  to 
"boost"  for  the  association, — it  makes  every  patron  a  real 
friend  of  the  enterprise.  This  movement  in  co-operation 
has  brought  into  existence  a  few  associations  in  which  the 
nonstockholding  patrons  who  do  a  specified  amount  of 
business  with  the  association  are  not  only  given  a  share  of 
the  profits,  but  also  have  a  vote  in  the  business  meetings. 


CHAPTER  XXI 

PROPERTY    INSURANCE-The    Min- 
nesota Standard  Policy 

DEFINITIONS 

The  first  thing  to  be  noted  about  insurance  is  that  it  is 
a  contract  whereby  one  party  agrees  to  make  good  the 
losses  by  mishap  or  otherwise  of  another  party.  The  first 
party  is  called  the  insurer  or  underwriter  and,  as  most  of  the 
insurers  are  corporations,  they  are  usually  referred  to  as 
"companies."  The  second  party  is  called  the  insured. 
Since  the  contract,  usually  in  writing,  is  called  a  policy  and 
is  in  the  hands  of  the  insured,  the  second  party  is  commonly 
known  as  the  policy-holder.  The  amount  paid  by  the 
insured  for  his  protection  is  the  premium, 

THE  MINNESOTA  STANDARD  POLICY 

The  form  of  contract  or  policy  issued  by  companies 
doing  business  in  Minnesota  must  follow  certain  definite 
requirements  which  are  incorporated  in  the  "Minnesota 
Standard  Policy."  Any  company  wilfully  making,  issuing, 
or  delivering  a  policy  violating  the  requirements  of  the 
Standard  Policy  is  guilty  of  a  gross  misdemeanor,  although 
every  stipulation  in  such  an  illegal  policy  in  favor  of  the 
insured  will  be  binding  upon  the  company. 

OBLIGATIONS  OF  THE  INSURED 

There  are  some  features  of  the  Standard  Policy,  princi- 
pally obligations  upon  the  insured,  which  it  is  deemed  ad  vis- 


PROPERTY  INSURANCE  115 

able  to  mention  here.  It  is  necessary  to  describe  the  prop- 
erty insured  with  some  care.  Some  items  are  not  included 
in  the  insured  property  unless  specially  mentioned.  Among 
them  are  drafts,  notes,  accounts,  evidences  and  securities  of 
property  of  every  kind,  books,  wearing  apparel,  money  and 
jewels.  The  amount  of  loss  made  good  by  the  underwriter 
may  not  include  damage  caused  by  an  explosion  of  any  kind 
unless  fire  follows  the  explosion  and  then  for  the  loss  by 
fire  only.  If  any  important  fact  or  circumstance  stated  in 
writing  is  not  fairly  set  forth  by  the  insured,  or  if  the 
insured  makes  any  effort  to  defraud  the  company  either 
before  or  after  the  loss,  the  policy  is  without  effect.  It  is 
void  as  well  if  the  insured  takes  any  other  insurance  on 
the  same  property  without  the  assent  of  the  company  or 
removes  the  property  without  its  assent,  or  if,  without  such 
assent,  the  premises  remain  vacant  for  more  than  thirty 
days.  Kerosene  may  be  used  for  lighting  purposes,  and  in 
dwelling  houses  kerosene  stoves  may  be  used  for  domestic 
purposes  without  voiding  the  policy.  It  is  very  common, 
also,  to  include  in  the  policy  a  "gasoline  permit,"  which 
allows  the  use  of  gasoline  for  domestic  purposes  and  the 
storage  of  a  limited  amount  for  such  use  in  a  dwelling  house 
or  other  building;  but  this  clause  is  inserted  at  the  pleasure 
of  the  company.  If  the  insured  uses  gasoline,  he  should 
insist  upon  having  the  gasoline  permit  included  in  his  policy. 
If  the  insured  property  is  exposed  to  loss  or  damage  by  fire, 
the  policy-holder  is  required  to  make  all  reasonable  exer- 
tions to  save  it. 

THE  STATEMENT 

When  there  is  any  loss  or  damage  of  insured  property, 
the  Standard  Policy  provides  that  the  insured  shall  "forth- 
with," that  is,  within  a  reasonable  time,  render  a  statement 


116  FARMERS'  LAW 

to  the  company  covering  the  following  points:  the  value  of 
the  property  insured  except  in  the  case  of  total  loss  on 
buildings,  the  interest  of  the  insured  therein,  all  other 
insurance  on  the  property,  the  purposes  for  which  and  by 
whom  the  property  was  used,  and  the  time  and  manner  in 
which  the  fire  originated,  as  far  as  known. 

ADJUSTMENT 

The  company  is  required,  according  to  the  terms  of  the 
Standard  Policy,  to  make  payment  for  loss  within  sixty  days 
after  the  statement  is  submitted.  Where  there  is  insur- 
ance by  more  than  one  company,  each  company  pays  its 
proportion  of  the  loss.  Whenever  the  underwriter  and 
insured  fail  to  agree  as  to  the  amount  of  the  loss,  the  matter 
is  referred  to  three  referees,  who  are  chosen  in  the  following 
manner :  the  company  and  the  insured  each  choose  one  from 
three  persons  named  by  the  other,  and  the  third  is  selected  by 
the  two  so  chosen.  Suits  against  companies  for  the  recovery 
of  any  claim  must  be  brought  within  two  years  from  the 
date  the  loss  occurred. 


CHAPTER  XXII 

FARMERS'    MUTUAL    INSURANCE 
COMPANIES 

TOWN  MUTUAL  INSURANCE  COMPANIES 

A  common  mode  of  insurance  in  some  sections  of  Minne- 
sota and  in  some  other  states  is  the  Township  Mutual 
Insurance  Company.  Township  mutual  insurance  com- 
panies are  co-operative  insurance  companies, — that  is, 
insurance  companies  whose  stockholders  are  the  insured 
property  owners  themselves.  These  companies  are  not 
charitable  nor  benevolent  schemes  but  are  planned  to  pro- 
tect the  private  interests  of  the  subscribers.  The  State  of 
Minnesota  by  statute  permits  the  organization  of  these 
mutual  or  co-operative  companies  where  not  less  than 
twenty-five  persons  residing  in  adjoining  towns,  "who  shall 
collectively  own  property  worth  at  least  fifty  thousand 
dollars,  form  themselves  into  a  corporation  for  mutual 
insurance  against  loss  or  damage  by  fire  or  lightning.'* 
Township  mutual  companies  are  forbidden  to  operate  in 
more  than  fifty  towns  at  one  time.  The  corporate  existence 
shall  not  exceed  thirty  years,  except  that  it  may  be  renewed 
from  time  to  time  by  a  two-thirds  vote  of  all  members  pres- 
ent at  a  regular  meeting  of  the  corporation. 

CERTIFICATE  OF  INCORPORATION 

Certificates  of  incorporation  and  the  by-laws  of  the 
company  are  required  to  be  filed  with  the  State  Insurance 
Commission.     In  drafting  these  it  is  advisable,  though  not 


118  FARMERS'  LAW 

required,  to  secure  the  services  of  a  competent  attorney. 
The  certificate,  which  must  be  acknowledged  before  a 
proper  officer,  should  specify  the  following: 

(1)  The  name. 

(2)  Location  of  the  principal  office. 

(3)  General  nature  of  the  business. 

(4)  Territory  where  business  is  to  be  transacted. 

(5)  Who  may  become  members. 

(6)  Source  of  corporation  funds. 

(7)  Classes  of  property  it  is  planned  to  insure. 

(8)  To  what  board  its  management  will  be  given. 

(9)  The  date  of  its  annual  meeting. 

(10)     The  duration  of  the  company's  existence. 

KINDS  OF  PROPERTY  TO  BE  INSURED 

These  companies  are  given  power  to  insure  the  following 
kinds  of  property:  "dwellings  and  their  contents,  farm 
buildings  and  their  contents,  live  stock,  farm  machinery, 
hay  and  grain  in  the  bin  or  stack,  churches,  school- 
houses,  society  and  town  halls,  country  blacksmith  shops 
and  their  contents,  parsonages  and  their  contents,  and  the 
barns  and  contents  used  in  connection  therewith,  butter- 
makers'  dwelling  houses  and  contents,  and  barns  used  in 
connection  therewith."  Such  companies  are  not  permitted 
to  insure  property  within  the  limits  of  any  city  or  village 
except  that  located  upon  lands  actually  used  for  farming 
or  gardening  purposes.  The  insurance  may  be  against  loss 
by  fire  or  lightning  only,  and  policies  may  not  be  issued 
for  terms  to  exceed  five  years. 

HOW  THESE  COMPANIES  ARE  SUPPORTED 

Township  mutual  insurance  companies  are  supported  by 
premiums  and  assessments.     Premiums  are  paid  before  the 


MUTUAL  INSURANCE  COMPANIES  119 

policies  are  delivered  to  the  insured.  These  premiums  may 
not  be  sufficient  to  meet  the  needs  of  the  company  and,  to 
provide  for  an  emergency  fund,  the  directors  of  the  com- 
pany may  levy  an  assessment  of  not  more  than  two  mills  on 
a  dollar  of  all  the  insurance  in  force.  Whenever  any  loss  of 
insured  property  exceeds  the  cash  funds  of  the  company 
the  directors  have  power  to  make  assessment  to  cover  the 
excess.  Suit  may  be  brought  against  any  member  of  the 
company  who  refuses  or  neglects  to  pay  an  assessment  regu- 
larly made. 

ADJUSTMENT  OF  LOSSES 

As  soon  as  a  member  sustains  a  loss  he  notifies  the  secre- 
tary of  the  mutual  company.  Usually,  when  the  claim  is 
three  hundred  dollars  or  less,  the  loss  is  ascertained  by  the 
secretary  or  president,  or  both.  If  the  claim  is  more  than 
three  hundred  dollars,  the  directors  of  the  company  appoint 
a  committee  of  three,  of  whom  the  secretary  shall  be  one,  to 
learn  the  amount  of  the  loss.  If  the  insured  and  the  com- 
pany can  not  agree  as  to  the  amount  of  the  loss,  the  adjust- 
ment is  left  to  three  men  not  interested  in  the  loss,  the  com- 
pany and  the  policy-holder  each  selecting  one,  the  third 
being  selected  by  the  two  so  chosen. 

MUTUAL  HAIL,  TORNADO  AND  CYCLONE  COMPANIES 

Minnesota  Statute  also  permits  the  organization  of 
mutual  companies  for  insurance  against  loss  or  damage  by 
hail,  cyclones,  tornadoes  and  hurricanes.  Before  such  a 
company  may  be  organized  there  must  have  been  subscribed 
on  its  books  at  least  two  hundred  thousand  dollars  of  this 
kind  of  insurance  in  not  less  than  four  hundred  separate 
risks  upon  property  located  in  not  less  than  ten  counties  and 
upon  not  more  than  fifteen  risks  of  one  hundred  sixty  acres 


120  FARMERS'  LAW 

each  in  any  one  township.  Furthermore,  each  subscriber 
must  have  paid  in  a  membership  fee  of  three  dollars. 

The  following  classes  of  property  only  may  be  insured  in 
such  a  company :  country  churches  and  school  houses,  farm 
dwellings,  barns  and  other  buildings,  hay,  grain,  and  other 
farm  products  in  these  buildings  or  stored  or  growing  on  the 
premises,  and  live  stock  on  the  premises  or  running  at  large. 

In  its  hail  department  no  company  is  permitted  to 
insure  more  than  3200  acres  in  any  one  township;  there 
must  be  at  least  one-half  mile  between  each  risk,  but  risks 
may  be  taken  on  lands  of  not  more  than  320  acres  in  area 
where  the  land  is  all  in  one  piece  or  in  pieces  touching  at 
the  boundaries.  In  this  hail  department  a  mutual  company 
is  required  to  collect  a  premium  of  not  less  than  two  and  one- 
half  per  cent  per  year  of  the  amount  insured.  Every  policy- 
holder is  also  liable  to  assessment  for  all  losses  in  a  sum 
equal  to  this  premium,  but  not  more  than  five  per  cent  of 
his  insurance. 

Mutual  hail,  tornado  and  cyclone  companies  are  under 
the  supervision  of  the  State  Insurance  Commissioner,  who 
may  demand  a  report  of  any  of  them  at  any  time,  order  an 
examination  of  their  books,  revoke  their  licenses  to  do  busi- 
ness, or  bring  an  action  in  the  district  court  to  wind  up 
their  affairs. 


CHAPTER  XXIII 

LIFE  INSURANCE 

WHAT  IT  IS 

The  life  insurance  contract  differs  from  the  property 
insurance  contract  principally  in  that  in  the  former  we  say 
"If  I  die"  instead  of  "If  my  barn  burns."  The  purpose  of 
life  insurance  in  its  earlier  history  was  only  that  of  protect- 
ing against  want  those  dependent  upon  the  insured  in  the 
event  of  his  death.  While  that  is  still  the  prominent  func- 
tion of  life  insurance  today,  the  development  of  the  business 
during  the  last  century  has  added  others.  A  few  of  these 
are  given  in  the  following  description  of  the  more  common 
kinds  of  life  insurance. 

Rates  or  premiums  for  life  insurance  depend  upon  the 
age  of  the  applicant, — the  older  the  insured,  the  higher  the 
rate. 

ORDINARY  LIFE  INSURANCE 

"Ordinary"  or  "straight"  life  insurance  is  the  original 
life  insurance.  The  policy  provides  that  the  amount  named 
will  be  paid  by  the  company  to  the  beneficiary,  that  is,  the 
person  in  whose  favor  the  policy  is  written,  at  the  death  of 
the  insured.  Payment  of  the  premium  is  made  regularly — 
usually  every  year — until  the  death  of  the  insured. 

LIMITED  PAYMENT  LIFE  INSURANCE 

Limited  payment  life  insurance  provides  for  the  pay- 
ment of  the  regular  premium  through  a  limited  number  of 
years,  let  us  say,  for  example,  twenty,  but  the  protection 


122  FARMERS'   LAW 

runs  not  only  through  the  period  during  which  premiums 
are  being  paid,  but  until  the  death  of  the  insured,  whenever 
that  may  occur.  Although  the  rates  for  limited  payment 
insurance  are  higher  than  for  ordinary  insurance,  it  has  a 
distinct  advantage  over  that  type  of  insurance  in  that  a 
man  may  pay  for  the  protection  for  the  complete  period  of 
his  life  during  his  younger  and  more  productive  years,  and 
he  is  not  burdened  with  premium  payments  in  later  life. 

TERM  INSURANCE 

Term  life  insurance  policies  give  protection  during  a 
short  period  only  and  then  expire.  Naturally  the  rates  on 
this  type  of  insurance  are  very  low  as  compared  with 
the  rates  on  other  types.  These  policies  generally  grant 
the  insured  the  privilege  of  renewing  at  advanced  rates 
without  medical  examination,  and  also  frequently  give 
him  opportunity  to  change  from  this  kind  of  insurance  to 
some  other. 

ENDOWMENT  INSURANCE 

Endowment  insurance  provides  that  the  insured,  after 
paying  the  premium  for  a  given  number  of  years,  will 
receive  a  certain  sum  of  money.  If  he  should  die  before  the 
end  of  that  period,  the  amount  of  the  policy  will  go  to  the 
beneficiary.  Endowments  are  attractive  to  a  large  number 
of  those  seeking  insurance.  One  reason  for  this  popularity 
is,  that  the  insured  is  protecting  his  children  when  they  are 
at  tender  age  and  can  not  be  self-supporting.  They  do  not 
so  much  need  the  protection  after  approaching  maturity. 
A  second  reason  is,  that  endowment  insurance  is  a  conven- 
ient method  of  saving  for  old  age.  It  is  comforting  to 
know  that  when  one  reaches  the  age  of  sixty,  let  us  say,  he 
will  come  into  several  thousand  dollars  by  the  expiration 


LIFE  INSURANCE  123 

of  an  endowment  policy.  Again,  endowment  insurance  is 
advocated  as  a  good  investment, — good  because  safe  and 
because  the  premiums  are  accumulating  interest.  This 
rate  of  interest  is  not  usually  high,  but  the  investment  is 
free  from  the  risk  frequently  attending  investments  where 
the  rates  of  interest  are  much  higher. 

ANNUITY  INSURANCE 

There  are  so  many  variations  of  the  above  described 
types  of  insurance  that  it  would  be  impossible  to  deal  with 
them  in  the  scope  of  this  book.  A  few  are  merely  mentioned 
here.  There  is,  for  instance,  annuity  insurance,  which  pro- 
vides that,  instead  of  the  payment  of  the  proceeds  of  the 
policy  in  a  lump  sum,  payment  be  made  in  a  fixed 
number  of  annual  installments  or  by  a  continuous  annual 
income  during  the  lifetime  of  the  beneficiary.  A  policy  of 
this  kind  prevents  the  loss  of  the  proceeds  of  the  policy  by 
unwise  investment  by  the  beneficiary.  Endowment  annu- 
ity insurance  is  similar  to  the  annuity  type  just  mentioned, 
except  that  the  annual  income  installments  are  paid  to  the 
insured  if  he  is  still  living  at  the  date  of  the  expiration  ot 
the  policy,  and,  after  his  death,  to  the  beneficiary. 

INSURABLE  INTEREST 

Just  as  in  property  insurance  the  applicant  must  have 
an  insurable  interest  in  the  property,  so  must  the  applicant 
for  life  insurance  have  an  insurable  interest  in  the  life  of  the 
insured.  Every  person  has  an  insurable  interest  in  his  own 
life.  Every  person  has  an  insurable  interest  in  the  life  of 
any  person  upon  whom  he  depends  for  support,  also  in  the 
life  of  any  person  in  any  way  obligated  to  him  for  the  pay- 
ment of  money.  Husband  and  wife  have  insurable  interests 
in  the  lives  of  each  other.     But  a  nephew  has  no  insurable 


124  FARMERS'  LAW 

interest  in  an  aunt  upon  whom  he  is  not  dependent  wholly  or 
in  part.  But  if  a  person  has  an  insurable  interest  at  the  date 
the  policy  is  taken  out,  the  policy  is  not  affected  in  case  the 
interest  ceases.  The  policy  may  be  assigned  to  anyone 
whether  or  not  the  new  beneficiary  has  an  insurable  interest. 

APPLICATIONS  FOR  INSURANCE 

The  application  for  life  insurance  and  the  policy  com- 
bined make  up  the  entire  contract  between  the  insured  and 
the  insurer.  For  this  reason  an  authentic  copy  of  the 
application  is  usually  attached  to  the  policy  given  the 
insured. 

MINNESOTA  POLICIES 

In  a  law  passed  by  the  Minnesota  Legislature  in  1907, 
and  later  changed,  six  forms  of  standard  policies  covering 
the  various  types  of  life  insurance  are  authorized.  The 
act  further  provides  that  no  other  form  of  policy  can  be 
used  unless  it  has  previously  been  filed  with  the  State 
Insurance  Commissioner  and  approved  by  him.  For  the 
protection  of  patrons  of  life  insurance  companies,  this  act 
also  sets  forth  provisions  that  must  be  contained  in  policies 
not  following  one  of  these  six  authorized  forms.  The  gist 
of  those  provisions  is  here  set  down : 

(1)  A  grace  of  one  month  is  allowed  for  the  payment  of 
all  premiums  but  the  first,  during  which  month  the 
insurance  is  to  continue  in  force.  This  over-due 
premium  may,  however,  be  subject  to  an  interest 
charge  during  that  month. 

(2)  In  "participating"  policies  there  shall  be  a  provi- 
sion that  the  insured  shall  share  in  the  divisible 
surplus  of  the  company,  beginning  not  later  than 
the  end  of  the  third  policy   year,   and   that  the 


LIFE  INSURANCE 


125 


TRAVELERS 

Insurance  Company 

OF  Hartford.  Connecticut.  . 


ly  tI|TS  Contrart  of  lusuraitrr  Ayrrrs  tn  JJay 


Diillars.1 


FIG.   10.     SPECIMEN   LIFE    INSURANCE  POLICY.     (First  Page.) 


126  FARMERS'  LAW 

owner  of  the  policy  shall  have  the  right  each  year 
after  the  fifth  to  have  the  current  dividend  paid  in 
cash.  The  owner  is  also  given  other  choices  as  to 
what  is  to  be  done  with  the  dividend. 

(3)  The  policy  shall  be  incontestable  after  two  years 
from  its  date  except  for  failure  to  pay  premiums. 
Hence,  suicide  would  not  avoid  the  policy  except 
within  two  years  from  the  date  it  was  drawn. 

(4)  All  statements  made  by  the  insured  shall,  in  the 
absence  of  fraud,  be  considered  representations 
and  not  warranties.  Only  where  such  statements 
are  contained  in  the  application  for  insurance  and 
this  application  is  attached  to  the  policy  as  a  part 
of  the  contract  and  where  the  statements  are 
"wilfully  false  or  intentionally  misleading"  is  it 
possible  for  them  to  affect  the  validity  of  the 
policy. 

(5)  If  the  age  of  the  insured  is  understated,  the  policy 
is  not  avoided,  but  the  amount  payable  to  the 
beneficiary  will  be  as  much  as  the  premium  which 
has  been  regularly  paid  would  have  purchased  at 
the  correct  age  of  the  insured. 

(6)  At  any  time  after  three  full  years'  premiums  have 
been  paid,  the  insured  has  the  privilege  of  obtain- 
ing from  the  company  a  loan  upon  the  policy.  To 
obtain  such  a  loan  the  insured  must  assign  his 
policy  to  the  company  and  pay  a  specified  rate  of 
interest.  In  practice  this  rate  has  usually  been 
six  per  cent.  No  other  security  than  the  policy 
is  to  be  required.  The  amount  of  the  largest  loan 
that  can  be  made  on  the  policy  is  to  be  given  in  a 
table  of  loan  values  included  in  the  insurance 
contract.     Failure  to  pay  such  loan  or  interest 


LIFE  INSURANCE  127 

can  not  avoid  the  policy.     Term  insurance  policies 
are  not  required  to  contain  this  provision. 

(7)  When  the  insured  has  failed  to  make  payment  of 
the  premium  at  any  time  after  premiums  have  been 
paid  for  three  years,  the  company  must  grant  to 
the  owner  of  the  policy  a  stipulated  type  of  insur- 
ance, the  value  of  which  is  regulated  by  a  table 
included  in  the  insurance  contract.  This  pro- 
vision must  also  state  that  the  policy  may  be  sur- 
rendered to  the  company  within  one  month  from 
the  date  of  failure  to  pay  the  regular  premium  "for 
a  specified  cash  value  at  least  equal  to  the  insurance 
aforesaid.'*  This  value  is  commonly  termed  the 
"cash  surrender  value."  This  requirement  is  not 
made  of  policies  for  term  insurance  of  twenty 
years  or  less. 

(8)  Provision  as  to  time  of  payment  of  the  proceeds  of 
the  policy  must  be  either  "upon  the  receipt  of  due 
proof  of  death"  or  "not  more  than  two  months  after 
the  receipt  of  such  proof." 

(9)  The  title  on  the  face  and  on  the  back  of  the  policy 
must  correctly  describe  it. 

OTHER  IMPORTANT  LIFE  INSURANCE  REGULATIONS 

The  agent  has  no  power  to  change  the  terms  of  a  policy. 

Rates,  premiums,  dividends,  and  benefits  of  any  kind 
must  be  the  same  for  all  persons  of  the  same  class,  that  is,  of 
the  same  age,  occupation,  etc.,  and  for  the  same  type  of 
insurance.  Nor  shall  there  be  any  unequal  treatment  on 
account  of  race.  Upon  request,  the  company  must  furnish 
reasons  for  rejecting  an  application  for  insurance. 

Insurance  companies  are  forbidden  to  issue  or  circulate 


128  FARMERS'   LAW 

any  false  statements  as  to  their  policy,  its  benefits,  or  the 
dividends  or  shares  of  surplus  to  be  received  under  it. 

Every  person  insured  in  a  mutual  company  having  its 
home  office  in  this  state  shall  be  a  member  of  the  company, 
with  one  vote  and  another  vote  additional  for  each  one 
thousand  dollars  of  insurance  he  carries  in  the  company. 
Such  a  company  is  required  to  make  an  annual  division 
of  the  surplus  to  members  whose  policies  have  been  in  force 
three  years  or  more. 

The  beneficiary  may  be  changed  where  the  right  to 
change  has  been  reserved  or  in  the  event  of  the  death  of  the 
beneficiary  by  filing  a  written  notice  of  the  change  at  the 
home  office  of  the  company.  Where  the  beneficiary  is  still 
living,  this  change  should  have  his  consent.  If  the  bene- 
ficiary dies  before  the  insured  and  no  new  beneficiary  has 
been  named,  the  proceeds  of  the  policy  will  be  paid  to  the 
estate  of  the  insured. 

FRATERNAL  INSURANCE 

During  the  last  half-century  fraternal  society  or 
assessment  insurance  has  become  common.  One  might 
term  this  co-operative  life  insurance.  In  order  to  meet  the 
obligations  arising  because  of  death  among  the  members, 
assessments  are  made  upon  all  members.  If  assessments 
are  not  paid  the  policy  is  forfeited.  It  has  been  found  a 
universal  rule  with  these  organizations  that,  as  the  society 
and  its  members  grow  old,  deaths  occur  more  frequently, 
causing  higher  or  more  frequent  assessments.  These 
increased  costs  discourage  many  members  and  they  with- 
draw, thereby  making  the  assessments  still  heavier  upon 
those  that  remain.  The  fraternal  features  of  these  associa- 
tions are  worthy  of  some  consideration,  and  while  they  are 
young  they  furnish  a  very  cheap  form  of  protection.     They 


LIFE  INSURANCE  129 

can  not  be  made  permanent,  business-like  organizations 
until  their  rates  of  insurance  are  made  approximately  as 
high  as  those  of  "old  line"  life  insurance  companies.  These 
organizations  are  now  somewhat  under  the  control  of  and 
receive  their  licenses  from  the  State  Insurance  Commis- 
sioner. 

CASUALTY  INSURANCE 

Casualty  or  accident  insurance  provides  indemnity  for 
"loss  of  life,  sight  or  limb."  Indemnity  for  losses  of  this 
kind  is  paid  in  lump  sums,  the  amount  depending  upon  the 
seriousness  of  the  disability  For  example,  the  writer  has 
before  him  a  policy  that  provides  an  indemnity  of  six  hun- 
dred dollars  for  "loss  of  life,  both  feet,  both  hands,"  etc.,  and 
but  three  hundred  dollars  for  the  loss  of  either  hand  or 
either  foot,  and  two  hundred  for  the  loss  of  the  entire  sight 
of  one  eye.  Most  of  these  casualty  policies  also  contain 
provisions  for  indemnity  during  illness  of  the  insured.  The 
payment  of  indemnity  in  case  of  illness  is  customarily  by 
a  definite  weekly  stipend.  Casualty  insurance  is  also  sub- 
ject to  partial  regulation  by  the  state. 


CHAPTER  XXIV 

NOTES,  CHECKS,  AND  DRAFTS 

NOTES 

The  more  common  kinds  of  commercial  paper  are  notes, 
checks,  and  drafts. 

When  a  farmer  or  other  person  wishes  to  make  the  pur- 
chase, let  us  say,  of  seed  grain  or  of  a  farm  implement,  but 
has  not  the  ready  money  to  pay  for  it,  he  may  secure  what 
he  wants  by  giving  his  note,  A  note  is  simply  an  uncon- 
ditional promise  in  writing  to  pay  to  a  certain  person  a  defi- 
nite amount  of  money  at  some  specified  future  time.  The 
one  who  makes  the  promise  signs  the  note,  and  is  called  its 
maker.  The  person  to  whom  he  promises  payment  is  the 
payee. 

Frequently  where  the  payee  so  desires,  another  person, 
as  "surety,"  signs  the  note  with  the  maker.  In  such  cases 
this  additional  signer  becomes  liable  if  the  original  debtor 
does  not  meet  his  obligations. 

In  our  state  a  note  or  other  obligation  may  bear  no 
greater  rate  of  interest  than  ten  per  cent.  Where  interest  is 
to  be  paid  but  no  rate  has  been  fixed,  it  is  understood  to  be 
six  per  cent. 

CHECKS 

Instead  of  keeping  about  their  homes  or  persons  any 
considerable  sums  of  money,  most  people  make  a  practice 
of  depositing  such  money  in  the  banks.  When  they  wish  to 
make  payment  to  any  other  person  of  a  part  or  all  of  the 


NOTES,   CHECKS,  AND  DRAFTS 


131 


amount  deposited,  they  write  out  an  order  on  the  bank 
directing  it  to  make  payment  to  this  other  person.  This 
order  is  known  as  a  check.  The  person  ordering  payment  is 
called  the  drawer,  the  bank  addressed  is  the  drawee,  and 
the  person  to  whom  the  money  is  paid  is  the  payee. 


BANK  OF  GLEXCOE, 

JPiiF  '^    ^^^.      y^^.^^^^t.'-'^->^'*>^'-t:'-rf-cP  an  Bear  EH, 


FIG.  11.  CHECK  PAYABLE  TO  PAYEE  OR  BEARER 


DOLLABH. 


-^'^'^f^.a^ 


■^ 


11 


Bank  of  Glenco«, 


Glonooe,Minn. 


I  hfxy  to  order  oST^^^^ 


$^£^ 


I  |^^X<^»c^-^^^^^^^  a<^^  <^^^f,-— ~  Doll  ars 


^--^^^^^^^^^^y 


mr 


m 


FIG.  12.  CHECK  PAYABLE  TO  THE  ORDER  OF  PAYEE. 


It  is  a  good  rule  to  present  checks  at  the  bank  upon 
which  they  are  drawn  as  soon  as  possible  after  you  receive 
them.  Unless  checks  are  dated  ahead,  the  law  requires 
that  they  be  presented  to  the  bank  for  payment  "within  a 
reasonable  time,"  which  is,  in  most  cases,  within  a  day  after 
they  are  issued.  Otherwise  the  drawer  is  freed  from  lia- 
bility on  them. 

The  bank  on  which  the  check  is  drawn  is  not  liable  to 


132 


FARMERS'   LAW 


the  payee  or  other  holder  unless  and  until  it  accepts  or 
certifies  the  check. 

It  is  rather  common  practice  to  draw  up  checks  to  the 
payee  "or  order,"  or  "to  the  order  of"  payee,  rather  than  to 
the  payee  "or  bearer."  This  is  done  because,  in  receiving 
payment,  the  payee  must  endorse  the  check,  and  this 
indorsement  makes  the  check  serve  the  purpose  of  a 
reciept. 

"Overdrawing"  an  account  at  a  bank  is  writing  out 
checks  upon  the  bank  when  the  maker,  or  drawer,  has  not 
enough  funds  on  deposit  or  to  his  credit  in  the  bank  for  their 
payment.  When  it  is  proved  that  the  person  drawing  the 
checks  drew  them  with  the  intention  of  defrauding,  knowing 
at  the  time  that  he  was  overdrawing,  he  is  guilty  of  a  gross 
misdemeanor  and  is  subject  to  a  fine  of  not  more  than  $1000 
or  to  a  prison  term  of  not  more  than  one  year,  or  both. 

DRAFTS 

As  it  is  an  unwise  act  to  send  any  considerable  amount 
of  money  in  coin  or  paper  to  distant  points  by  mail,  the  wise 


Chcf iriif  Katinnal  l^aiik 


NATIONAL  BANK  OF  COMMERCE 
NEW  YORK 


FIG.   13.     BANK  DRAFT. 


avail  themselves  of  one  of  two  methods  in  sending  money: 
(1)  the  post  office  or  express  money  order  and  (2)  the  bank 
draft.     As  its  name  implies,   the  draft   is   obtainable  at 


NOTES,  CHECKS,  AND  DRAFTS  133 

banks.  It  is  an  order  by  the  bank  at  which  it  is  obtained 
to  another  banking  institution  to  pay  the  amount  named 
in  the  instrument  to  a  third  person.  The  parties  to  the 
draft  are  the  same  as  in  the  case  of  the  check. 

NEGOTIABILITY 

Nearly  all  the  instruments  that  come  under  the  three 
classes  described  are  drawn  up  to  some  payee  "or  order," 
"or  bearer,"  or  "to  the  order  of"  the  payee.  These  words 
give  power  to  transfer  ownership  of  the  instrument,  or,  as 
it  is  usually  expressed,  make  the  instrument  negotiable,  if  it 
also  has  these  characteristics:  (1)  it  must  be  in  writing  and 
signed  by  the  maker  or  drawer;  (2)  it  must  be  payable  on 
demand  or  at  some  fixed  date  or  at  some  date  that  can  be 
determined ;  (3)  it  must  contain  a  definite  promise  or  order 
to  pay  a  certain  sum  of  money.  The  negotiability  is  not 
affected  by  the  omission  of  the  date  of  making  or  of  the 
statement  "for  value  received"  or  any  statement  that 
value  has  been  given.  But  an  instrument  is  not  negotiable 
if  it  is  made  payable  after  the  happening  of  some  future 
event,  such  as  when  a  person  named  in  the  note  will  become 
of  age.  As  death  is  sure  to  happen,  a  note  made  payable 
after  death  is  negotiable. 

INDORSEMENT 

If  the  holder  of  a  negotiable  note  desires  to  use  the  money 
before  it  becomes  due,  he  may  sell  the  instrument  to  some 
one  else.  Instruments  containing  the  words  "or  bearer" 
may  be  transferred  by  delivery  only, — that  is,  without 
indorsement.  Where  the  words  "or  order"  are  used,  the 
paper  should  be  indorsed  to  be  transferred.  Indorsement 
means  the  signature  of  the  payee  on  the  back  of  the  paper. 
"Blank"  indorsement  is  the  signature  of  the  payee  and 


134 


FARMERS'   LAW 


nothing  else.  An  instrument  so  indorsed  is  payable  to 
bearer.  A  special  indorsement,  or  "indorsement  in  full,*' 
includes  this  signature  and  an  order  to  pay  to  some  definite 
person  named  in  the  indorsement.  "Pay  to  the  order  of 
John  Jones,  (signed)  O.  F.  Miller,"  is  a  special  indorsement. 
Indorsement  must  be  of  the  entire  instrument  and 
indorsement  of  a  part  only  is  not  considered  a  transfer  of 


FIG.  14.     ENDORSEMENT  IN  BLANK. 


191=^  JVo.    (^i/i^. 


Gleiicoe, 


hcoc,  Miiui. 


A      ^^^->^  ^^^<P  -^^--^^  DoU^ 


FIG.  IS.     ENDORSEMENT  IN  FULL. 


the  instrument.  Where  an  instrument  is  payable  to  the 
order  of  two  or  more  persons  who  are  not  partners,  all  must 
indorse,  unless  the  one  indorsing  has  been  given  power  to 
indorse  for  the  others.     If  the  name  of  the  person  who  must 


NOTES,  CHECKS,  AND  DRAFTS 


135 


indorse  is  incorrectly  given  or  misspelled,  he  indorses  the 
instrument  with  the  name  as  there  given.  If  he  think  fit, 
he  may  also  add  his  correct  signature. 

THE  INDORSERS'  LIABILITY 

Whenever  a  person  indorses  a  negotiable  instrument  he 
signifies  two  things:  (1)  he  gives  his  consent  to  its  transfer 
and  (2)  he  contracts  with  all  future  owners  of  the  instru- 
ment to  be  responsible  for  payment  if  the  original  debtor 
or  any  earlier  indorser  does  not  meet  his  obligation.  The 
indorser  really  "backs"  the  instrument.     In  order  to  make 


.//^/<^_    Q^^i.^ 


"'^Mmj^^ 


^e^^-^fe^ 


FIG.   16.     QUALIFIED  ENDORSEMENT. 

an  indorser  responsible,  prompt  demand  of  payment 
should  be  made  of  the  original  debtor.  An  endorser  who 
wishes  to  be  free  from  liability  may  indorse  as  follows:  "Pay 
to  the  order  of  John  Jones  without  recourse  to  me,  (signed) 
O.  F.  Miller."     This  is  called  a  qualified  indorsement. 

DATE  OF  MATURITY 

Days  of  grace  have  been  abolished  by  statute  in  Minne- 
sota. When  the  day  of  maturity  falls  on  Sunday  or  a 
holiday  the  instrument  is  payable  on  the  next  business  day. 


136 


FARMERS'   LAW 


Instruments  which  fall  due  on  Saturday  must  be  presented 
for  payment  on  the  next  business  day,  except  that  those 
payable  on  demand  may  be  presented  before  noon  on 
Saturday  when  that  entire  day  is  not  a  holiday.     In  reck- 


fsaaeaaat 


.oA^^^u^ 


juuuuuuuimuuuui)(Juuu 


Bn 


^ 


FIG.  17.     PROMISSORY  NOTE  WITHOUT  SURETY. 


-^  '^ afltT  daUffoT  value  received, 

Ipromiee  to  pay  to  the  order  of  thc  nnsT  national  bank,  glcncoe.  Minnesota 

lie  of a.. per  eeiU  per  annum  umpil  fuUvDaid.  .  Interest  payabU 

Witnei$.S^.x 


u-ith  interett  at  the  rate  c 


or  OLtNCOC.  MtNNUOTA. 


FIG.   18.     PROMISSORY  NOTE  WITH  SURETY. 

oning  time  in  instruments  not  payable  on  demand  the  day 
from  which  the  time  begins  is  not  counted,  but  the  day  of 
payment  is  counted. 

AMBIGUOUS  INSTRUMENTS 

When  the  amount  expressed  in  words  in  an  instrument 
is  not  the  same  as  the  amount  put  down  in  figures,  the 
amount  named  in  the  words  is  considered  the  correct 
amount  to  be  paid.     If  the  words  are  uncertain,  the  figures 


NOTES,  CHECKS,  AND  DRAFTS  137 

may  be  referred  to  for  fixing  the  amount.  If  there  is  a  disa- 
greement between  the  written  and  printed  parts  of  the  note, 
the  written  parts  prevail.  If  a  note  does  not  state  the 
date  from  which  the  interest  is  to  run,  it  runs  from  the  date 
of  the  note. 

FORGED  PAPER 

By  "forged  paper"  is  meant  falsely  made,  counter- 
feited, or  altered  paper  when  made  or  altered  with  the 
intention  of  defrauding.  The  more  common  types  of  for- 
gery are  imitating  signatures  and  raising  the  sums  of  instru- 
ments. Forgery  of  this  kind  is  forgery  in  the  first  degree 
and  is  punishable  by  imprisonment  in  the  state  prison  fo! 
not  more  than  twenty  years.  Forged  paper  has  no  validity 
even  in  the  hands  of  a  holder  in  good  faith.  Whoever  pur- 
chases it  or  pays  it  suff^ers  the  loss. 


CHAPTER  XXV 

COMMISSION  MERCHANTS 

A  commission  merchant  is  a  person  to  whom  farm  prod- 
uce, such  as  cattle,  hay,  poultry,  etc.,  is  shipped  for  the 
purpose  of  sale.  He  receives  his  pay  from  commissions 
taken  from  the  proceeds  of  the  sale.  His  duty  is  to  sell 
the  produce  entrusted  to  him  at  the  best  possible  price  he 
can  secure,  and  his  accounts  are  required  to  be  open  to  the 
examination  of  those  who  consign  goods  to  him.  The 
shipper  is  known  as  the  consignor  and  the  commission  mer- 
chant the  consignee. 

Commission  merchants  are  required  by  Minnesota 
statute  to  obtain  licenses  from  the  State  Railroad  and 
Warehouse  Commission  at  the  Capitol  in  St.  Paul  and  to 
file  a  bond  to  the  state  with  the  Secretary  of  State.  The 
bond  is  drawn  up  for  the  benefit  of  those  who  consign  prod- 
uce to  the  commission  merchant. 

Whenever  a  commission  merchant  sells  any  grain  he 
must  render  to  the  consignor  within  twenty-four  hours  of 
the  date  of  sale  a  true  statement  in  writing,  giving  the 
amount  sold,  price  received,  name  and  address  of  pur- 
chaser, and  the  day,  hour,  and  minute  of  sale.  He  must 
also  send  a  statement  covering  all  charges  and  expenses. 
When  a  consignor  of  produce  other  than  grain,  after 
demand,  has  received  no  remittance  or  report,  he  may  com- 
plain to  the  Railroad  and  Warehouse  Commission,  who  shall 
investigate  the  matter.  In  such  an  investigation  all  infor- 
mation, books,  records,  and  memoranda  must  be  open  to 


COMMISSION  MERCHANTS  139 

the  commission  for  inspection.  If  an  account  for  such 
produce  remains  unpaid,  complaint  may  be  filed  by  the 
consignor  with  the  commission  and  he  may  bring  an  action 
upon  the  bond  of  the  commission  merchant.  The  license 
of  the  commission  merchant  violating  the  law  may  be  can- 
celled by  the  commission  if  the  facts  warrant  it,  and  the 
commission  may  refuse  to  renew  the  license  for  one  year. 
Furthermore,  any  commission  merchant  defrauding  a  con- 
signor in  any  way  is  guilty  of  larceny,  and  may  be  punished 
for  that  offence  through  the  action  of  the  courts. 


CHAPTER  XXVI 

AUCTIONS  AND  AUCTIONEERS 

In  our  state,  auctions  and  auctioneers  are  regulated  to 
some  extent  by  law. 

Auctioneers,  to  ply  their  trade  anywhere  in  the  state, 
must  obtain  a  license  from  the  county  board  or  the  county 
auditor.  The  license  fee  for  one  year  is  ten  dollars.  The 
auctioneer  must  also  give  bond  of  not  less  than  one  thou- 
sand dollars  and  not  more  than  three  thousand  dollars. 
The  amount  of  the  bond  is  fixed  and  the  sureties  approved 
by  the  county  treasurer. 

The  auctioneer  is  required  to  keep  a  correct  account  of 
all  property  he  sells.  This  account  should  include  the  per- 
son from  whom  the  property  was  received,  the  person  to 
whom  it  was  sold,  and  the  price.  He  may  receive  no  goods 
from  any  person  whom  he  knows  to  be  a  minor.  To  any 
person  injured  by  such  acceptance  of  goods  he  forfeits  a  sum 
not  to  exceed  two  hundred  dollars. 

The  statute  makes  it  a  misdemeanor  for  any  person  not 
licensed  as  an  auctioneer  to  sell  property  at  auction.  Sales 
made  by  sheriffs,  constables,  etc.,  in  carrying  out  the  duties 
of  their  offices  are  not,  of  course,  violations  of  the  law. 

In  the  chapter  on  contracts  it  was  stated  that  under  the 
statute  of  frauds  auction  sales  of  personal  property  where  the 
purchase  price  is  greater  than  fifty  dollars  are  valid  without 
further  writing  than  is  necessary  to  take  proper  entries 
in  the  salesbook. 

It  is  not  commonly  understood  that  if  the  auctioneer  or 


AUCTIONS  AND  AUCTIONEERS  141 

the  owner  of  property  about  to  be  put  up  at  auction  arranges 
with  some  person  to  bid  on  the  property  without  intending 
to  purchase  it,  he  is  guilty  of  fraud  against  those  who  are 
bidding  in  good  faith.  The  contract  is  void,  since  the 
purpose  is  to  defraud  an  innocent  third  person.  The  last 
named  may  rightly  return  the  property  struck  off  to  him 
and  demand  the  return  of  the  purchase  price. 


CHAPTER  XXVIl 

COMMON  CARRIERS 

Common  carriers  are  such  persons  or  corporations  as 
undertake  to  carry  freight  or  passengers  for  hire.  Rail- 
roads are  famiHar  examples  of  common  carriers.  As  farm- 
ers are  frequent  patrons  of  railroad  companies,  a  brief 
chapter  bearing  on  common  carriers  and  our  state  regula- 
tion of  them  will  not  be  out  of  place  here. 

BILL  OF  LADING 

When  a  man  makes  shipment  of  freight  he  receives  what 
is  known  as  a  bill  of  lading.  This  is  a  combination  of  receipt 
and  contract, — a  receipt  for  goods  left  with  the  railroad 
company  to  be  transported,  as  well  as  a  contract  to  carry 
the  goods  safely  to  their  destination.  This  bill  of  lading  as 
receipt  and  contract  is  signed  by  the  agent  of  the  railroad 
company  and  is,  therefore,  binding  upon  the  company. 

LIABILITY 

This  pledge  of  safe  delivery  also  makes  the  common 
carrier  the  insurer  of  goods  during  transportation.  Even 
though  the  bill  of  lading  may  provide  specifically  that  "all 
goods  are  shipped  at  the  owner's  risk,"  the  carrier  is  liable 
for  damages  to  goods,  except  when  the  loss  is  caused  by  (1) 
a  public  enemy,  (2)  an  Act  of  God,  (3)  public  authority,  (4) 
nature  of  the  goods,  or  (5)  the  shipper  himself.  An  illustra- 
tion of  a  public  enemy  is  a  strike ;  an  Act  of  God  might  be  a 
flood;   public  authority   might  seize   infected   cattle  and 


COMMON  CARRIERS  143 

destroy  them  to  protect  the  pubHc  health;  and  a  carrier 
could  not  be  held  liable  for  the  decay  of  fruit  which  was 
already  over-ripe  when  shipped  in  a  refrigerator  car  properly 
iced. 

COMPLAINT  TO  RAILROAD  AND  WAREHOUSE  COMMISSION 

In  Minnesota,  the  Railroad  and  Warehouse  Commission 
has  general  supervision  over  these  common  carriers.  It  is 
made  up  of  three  commissioners  elected  by  the  people  for 
a  term  of  six  years.  All  grievances  against  common  carriers 
are  brought  before  it  in  the  following  manner : 

(1)  Complaint  is  made  before  the  commission  by  the 
aggrieved  person. 

(2)  The  commission,  if  reasonable  grounds  for  com- 
plaint appear,  orders  the  carrier  to  grant  relief  or  show 
cause  within  twenty  days. 

(3)  If  the  matter  is  not  adjusted,  a  hearing  is  held. 
After  the  hearing  the  commission  issues  its  orders  or  makes 
recommendation. 

The  complaints  may,  among  other  things,  bear  upon 
unreasonable  or  excessive  rates,  as  well  as  upon  any  other 
grievances  that  may  arise. 

CARS 

To  obtain  cars  at  a  station  on  a  railroad  a  shipper  of  any 
kind  of  freight  makes  written  application  to  the  agent  of  the 
railroad.  The  carrier  is  then  required  to  furnish  the  cars 
asked  for  within  forty-eight  hours  or  less  at  terminal  points 
on  the  railroad  and  within  seventy-two  hours  at  inter- 
mediate points.  For  failure  to  do  as  here  described  the 
carrier  must  forfeit  to  the  person  making  application  one 
dollar  per  day  for  each  car  it  fails  to  furnish,  besides  all 
damages  the  applicant  sustains.     Within  twenty-four  hours 


144  FARMERS'  LAW 

of  receipt  of  notice  that  cars  have  been  loaded  by  the 
shipper,  the  carrier  must  forward  them  toward  their  des- 
tination. Failure  to  do  so  is  punished  as  in  the  case  of 
failure  to  provide  cars.  The  shipper  is  given  forty-eight 
hours  to  load  cars  furnished  him,  and  for  every  twenty-four 
hours  or  fraction  thereof  of  delay  beyond  forty-eight  hours 
the  shipper  must  pay  a  demurrage  charge  of  one  dollar. 
For  unloading  cars  the  consignee  is  allowed  seventy-two 
hours  for  soft  coal,  bulk  lime,  fruit,  vegetables,  or  lumber 
shipments,  and  forty-eight  hours  for  other  shipments.  For 
delay  in  unloading,  the  consignee  pays  demurrage  charges 
as  in  the  case  of  the  shipper's  delay  in  loading.  The  rail- 
road company  must  give  notice  to  consignees  within  twenty- 
four  hours  after  arrival  of  cars.  In  all  of  the  above  cases 
Sundays  and  legal  holidays  are  excepted. 

SHIPPING  LIVE  STOCK 

Railroad  companies  are  required  to  transport  all  live 
stock  with  "proper  speed."  The  Railroad  and  Warehouse 
Commission  may  not  set  that  speed  at  less  than  twelve 
miles  per  hour.  This  rule  applies  only  to  shipments  wholly 
within  the  state. 

Common  carriers  receiving  car-load  shipments  of  live 
stock  are  required  by  statute  to  furnish  transportation  for 
persons  to  care  for  such  stock, — one  person  for  the  first 
car-load,  and  one  for  each  four  additional  cars. 


CHAPTER  XXVIII 

MISCELLANEOUS 

REPLEVIN 

Replevin  is  an  action  brought  to  again  obtain  possession 
of  personal  property  that  has  been  wrongfully  taken  or  is 
wrongfully  withheld.  By  giving  bond,  the  person  making 
the  complaint  may  have  the  property  taken  from  the  per- 
son wrongfully  holding  it  and  have  it  kept  in  the  care  of 
the  proper  officer  until  the  question  of  the  right  to  possession 
is  settled  in  the  court.  Actions  of  this  kind  must  be  com- 
menced within  six  years  after  the  taking  or  wrongful  hold- 
ing of  the  property. 

ATTACHMExNT 

A  writ  of  attachment  is  an  order  to  the  sheriff  or  other 
officer  to  take  some  certain  property  of  the  defendant  and 
hold  it  as  security  for  a  judgment  which  may  be  obtained. 
This  writ  is  used  mostly  in  cases  where  the  debtor  absconds, 
hides  himself,  has  contracted  the  debt  dishonestly,  or  where 
he  lives  outside  the  state  and  has  goods  within  the  state 
and  is  dishonestly  avoiding  payment  of  the  debt.  The 
writ  is  obtained  from  the  clerk  of  court  by  the  plaintiff 
after  the  latter  has  made  affidavit  that  one  or  more  of  the 
above  named  causes  or  similar  causes  for  action  exist. 
The  plaintiff  must  also  give  a  bond  of  at  least  $250  to 
guarantee  the  payment  of  all  costs  if  judgment  should  be 
given  for  the  defendant.  The  writ  orders  the  sheriff  at 
once  to  attach  and  safely  keep  the  defendant's  property 

10— 


146  FARMERS'  LAW 

that  he  finds  in  the  county  or  so  much  of  it  as  will  meet 
the  claim  and  costs. 

GARNISHMENT 

By  garnishment  proceedings  a  person  owing  money  to 
the  defendant  may  be  brought  into  court  and  by  its  action 
ordered  to  pay  the  money  into  its  charge  and  not  to  the 
defendant.  Garnishment  is  often  used  to  force  a  third 
party  owing  wages  to  the  defendant  to  pay  a  part  of  them 
to  the  court  or  to  keep  same  to  satisfy  any  judgment  the 
plaintiff  may  obtain  in  the  court.  The  third  party  is 
known  as  the  garnishee. 

INJUNCTION 

The  writ  of  injunction  is  an  order  of  the  court  com- 
pelling some  certain  person  to  refrain  from  doing  some 
particular  thing.  It  is  issued  when  it  appears  to  the  court 
that  the  doing  of  that  thing  will  work  harm  to  the  plain- 
tiff. An  injunction  may  also  be  granted  where  the  defen- 
dant threatens  or  is  about  to  remove  or  dispose  of  his  prop- 
erty, intending  thereby  to  cheat  the  plaintiff.  The  injunc- 
tion prevents  the  doing  of  the  particular  thing  while  await- 
ing the  final  action  of  the  judge  or  court. 

LIBEL  AND  SLANDER 

Libel  is  "every  malicious  publication  by  writing,  print- 
ing, picture,  effigy,  sign,  or  otherwise  than  by  mere  speech, 
which  shall  expose  any  living  person,  or  the 'memory  of  one 
deceased,  to  hatred,  contempt,  ridicule,  or  obloquy,  or  which 
shall  cause  or  tend  to  cause  any  person  to  be  shunned  or 
avoided,  or  which  shall  have  the  tendency  to  injure  any  person 
in  his  business  or  occupation."  Slander  is  doing  the  same 
thing  in  speech  only.     For  instance,  Jones  may  say  that 


MISCELLANEOUS  ,  147 

Brown  removed  the  clothing  from  a  dead  man  and  stole  them 
for  himself.  We  will  say  that  the  statement  is  false.  Jones 
is  guilty  of  slander.  If  he  had  written  the  statement  or 
caused  it  to  be  printed,  it  would  have  been  libel.  To  sus- 
tain the  charge  of  publication  of  libel,  Brown  would  need 
to  prove  that  Beamer  or  some  other  person  saw  the  written 
or  printed  statement.  Every  publication  of  this  kind  would 
be  considered  malicious  if  it  could  not  be  proved  or  no  ex- 
cuse could  be  shown  for  it.  But  Jones  would  be  justified 
if  the  statement  was  true  and  was  published  with  good 
motives. 

It  is  not  libel  to  publish  a  fair  and  true  report  of  any 
official  proceeding  as  of  a  legislature  or  a  court,  or  of  any 
statement  or  speech  that  is  a  part  of  the  same,  unless  it  be 
proved  that  malice  prompted  the  report. 

Those  who  publish  libelous  statements  are  guilty  of  a 
misdemeanor  and  are  also  subject  to  suit  for  damages. 
Those  who  threaten  to  publish  such  statements  are  guilty 
of  a  gross  misdemeanor. 

Action  for  libel  or  slander  must  be  begun  within  two 
years  from  the  date  the  statement  was  made. 


CHAPTER  XXIX 

THE  FARMER  AND  THE  LAWYER 

This  book  has  not  been  written  to  serve  the  farmer  as 
a  substitute  for  the  lawyer.  No  book  or  library  of  books 
can  serve  that  purpose.  The  lawyer's  profession  exists 
because  there  is  need  for  him.  In  these  chapters  as  occasion 
has  arisen  the  reader  has  been  advised,  when  he  is  consider- 
ing any  important  legal  move  where  a  seemingly  unimpor- 
tant mistake  may  'have  dire  consequences,  to  secure  the 
services  of  a  competent  attorney.  Of  course,  no  farmer — or 
other  person  not  learned  in  the  law — should  make  a  pur- 
chase of  real  estate,  draw  a  will,  enter  into  any  contract 
of  real  significance,  or  do  any  other  similar  act  of  equal 
moment,  without  the  advice  of  an  attorney.  And  there 
are  many  other  occasions,  needless  to  mention  here,  when 
the  farmer  should  have  the  advice  of  a  lawyer. 

Granted  the  need  for  lawyers,  what  should  be  the  atti- 
tude of  the  farmer  toward  his  attorney? 

After  a  client  has  asked  the  advice  of  his  attorney  and 
obtained  it,  he  should  follow  that  advice.  Failure  to  follow 
such  advice  too  frequently  ends  in  disaster,  and  the  attorney 
is  too  commonly  charged,  with  the  disaster. 

Too  many  people  ask  the  lawyer  to  help  them  do  what 
their  own  best  judgment  tells  them  they  should  not  do, 
endeavoring  by  the  lawyer's  assistance  to  salve  their  con- 
sciences for  actions  they  cannot  themselves  completely 
justify.  If  judgment  and  conscience  dictate  a  certain  line 
of  action,  no  "lawing"  can  make  another  line  just,  even 


THE  FARMER  AND  THE  LAWYER  149 

though  the  courts  so  decide.  Winning  a  lawsuit  unfortu- 
nately does  not  always  signify  the  triumph  of  the  right. 

Among  the  most  disagreeable  and  at  the  same  time 
most  pitiable  people  in  the  world  are  those  who  are  con- 
stantly involved  in  some  petty  litigation,  always  having 
a  meatless  legal  bone  to  pick.  With  some  of  these  people 
"lawing"  almost  becomes  a  mania.  They  are  not  happy 
unless  they  have  some  cause  or  other  in  the  courts.  Well- 
meaning  lawyers  avoid  them.  They  alienate  the  few 
friends  they  have  and  fall  heir  to  the  wholesome  disrespect 
of  all  with  whom  they  come  in  contact.  A  full  recognition 
of  the  fact  that  there  are  two  sides  to  every  question  will 
prevent  the  formation  of  this  habit  and  the  desire  to  go  to 
law  over  trivial  differences. 

Then  there  are  those  who  are  not  fully  frank  with  law- 
yers whose  assistance  they  are  asking, — who  state  only  a 
part  of  the  circumstances  that  bring  them  to  him,  or  relate 
those  circumstances  in  distorted  form,  keeping  under  cover 
what  their  attorney  should  know  in  order  to  give  his  best 
help.  Some  one  who  once  keenly  experienced  the  disaster 
that  such  indirection  brings  said  that  there  are  at  least 
three  persons  with  whom  one  must  be  absolutely  honest 
at  all  times, — one's  physician,  one's  lawyer,  and  oneself. 

To  go  to  your  lawyer  in  all  important  legal  matters  and 
to  follow  his  advice  after  it  is  given  you,  to  be  honest  with 
him,  to  refrain  from  asking  him  to  help  you  do  what  your 
judgment  tells  you  should  not  be  done,  to  recall  that  there 
are  two  sides  to  every  question,  to  remember  that  right 
does  not  universally  triumph  when  disputes  are  settled  in 
court,  and  to  avoid  litigation  over  trivial  matters, — these 
are  the  finger-posts  that  should  guide  the  farmer — or  any 
other  person — in  his  attitude  toward  the  legal  profession. 


1917  SUPPLEMENT 


RECENT  LEGISLATIVE  CHANGES  AND  ADDITIONS 

This  chapter  contains  brief  statements  of  such  amend- 
ments of  and  additions  to  the  statutes  by  the  General 
Assembly  of  1915  as  are  considered  to  be  of  such  import- 
ance as  to  need  to  be  called  to  the  attention  of  the  readers 
of  this  manual.  The  chapters  of  the  manual  and  the  sec- 
tion headings,  with  page  references,  are  given  in  each  case 
to  make  it  possible  for  the  reader  to  get  at  the  significance 
of  the  changes  with  little  loss  of  time. 

CHAPTER  Vn— FARM  PRODUCTS 

COMMERCIAL  FERTILIZERS  (Page  34) 

The  State  Legislature  in  1915  enacted  a  statute  relating 
to  the  sale,  inspection,  and  labeling  of  commercial  ferti- 
lizers. The  most  important  provisions  of  this  statute  are 
as  follows: 

(1)  It  is  required  that  all  packages  of  commercial 
fertilizers,  the  price  of  which  exceeds  five  dollars  per  ton, 
sold  or  offered  for  sale  within  the  state,  must  have  affixed 
to  them  in  a  conspicuous  place  on  the  exterior  a  plainly 
printed  certificate  naming  the  materials  of  which  the  fer- 
tilizer is  made,  the  number  of  pounds  in  the  package  sold, 
the  name  or  trademark  under  which  the  article  is  sold, 
the  name  of  the  manufacturer  and  the  place  of  manufac- 
ture, as  well  as  a  chemical  analysis  stating  the  minimum 
percentage  of  available  nitrogen,  potassium  soluble  in 
water,  and  of  phosphorus  both  in  its  available  and  in  its 
insoluble  forms. 

151 


152  SUPPLEMENT 

(2)  Before  any  person,  firm,  or  corporation  is  permitted 
to  sell  any  fertilizer  within  the  state,  a  certified  copy  of  the 
certificate  just  described  must  be  filled  with  the  state  dairy 
and  food  commissioner.  Furthermore,  a  license  fee  of  ten 
dollars  must  be  paid  to  this  officer  on  or  before  May  1  of 
each  year  for  each  brand  of  fertilizer  sold  or  ofi^ered  for  sale 
in  the  state. 

(3)  The  state  dairy  and  food  commissioner  is  author- 
ized to  take,  for  purposes  of  analysis,  a  sample  not  exceeding 
two  pounds  in  weight  of  any  lot  or  package  of  commercial 
fertilizer. 

(4)  Each  offense  in  selling  or  in  offering  or  exposing 
for  sale  in  the  state  any  commercial  fertilizer  without  com- 
plying with  the  provisions  of  the  law  as  stated,  or  any  use 
of  an  analysis  that  is  false  as  to  constituents,  or  any  inter- 
ference with  the  dairy  and  food  commissioner  or  his  assist- 
ants in  discharging  his  duties  as  set  forth,  is  punishable  by 
a  fine  of  not  less  than  twenty-five  dollars  and  not  more  than 
one  hundred  dollars. 

CHAPTER  XI— FARM  ANIMALS 

DISEASED  ANIMALS  (Pages  48-49) 
Foot-and-mouth  disease  has  been  included  with  tuber- 
culosis and  glanders  in  the  statute  relating  to  the  suppres- 
sion of  dangerous  and  infectious  diseases  of  animals.     The 
meaning  of  this  statute  is  given  on  page  49  of  this  manual. 

HOG  CHOLERA  SERUM  (Page  50) 
The  statute  relating  to  hog  cholera  serum,  referred  to 

on  page  50  of  this  manual,  was  repealed  and  a  new  law 

enacted  of  which  the  following  statements  contain  the  most 

significant  points: 

(1)     The  serum  manufactured  at  the  state  plant  shall 

be  sold,  as  near  as  may  be,  at  actual  cost  to  any  citizen  who 


FARMERS'  LAW  153 

is  a  resident  of  this  state.     The  selling  price  is  to  be  stated 
on  the  package. 

(2)  In  case  of  need  the  serum  plant  is  authorized  to 
purchase  hog  cholera  serum,  vaccine,  "or  other  biological 
products"  which  are  considered  reliable  and  sell  them  at 
about  cost  in  the  same  manner  as  stated  for  the  serum 
manufactured  in  the  state  plant. 

(3)  Provision  is  made  for  the  establishment  in  each 
county  of  one  or  more  distributing  centers  where  serum, 
vaccine,  and  other  biological  products  will  be  for  sale. 

(4)  Any  person  may  administer  the  serum  to  his  own 
hogs,  but  no  person  except  licensed  veterinarians  or  others 
authorized  to  do  so  by  the  Live  Stock  Sanitary  Board  may 
administer  serum  to  hogs  other  than  his  own. 

(5)  No  persons  except  those  authorized  by  the  Live 
Stock  Sanitary  Board  may  administer  hog  cholera  virus. 

CHAPTER  Xn— FARM  BOUNDARIES— ROADS  ABUTTING  ON 
THE  FARM,  LINE  AND  LEGAL  FENCES 

ROADS  ABUTTING  ON  THE  FARM  (Pages  55-56) 
The  right  to  order  when  trees  or  hedges  on  roads  shall 
be  cut  down  is  no  longer  limited  to  town  boards,  as  stated 
on  page  55,  but  is  now  within  the  power  of  both  town  boards 
as  to  town  and  county  roads  and  of  the  county  board  as  to 
state  roads. 

County  boards  are  now  required  to  build  culverts  for 
owners  of  abutting  lands  when,  on  account  of  grading  a 
road  under  county  authority,  a  culvert  is  necessary  for  a 
suitable  approach  from  the  highway  to  the  driveway  lead- 
ing from  abutting  land. 

LEGAL  FENCES  (Pages  57-58) 
The  characteristics  of  legal  fences  are  now  as  follows, 
the  material  appearing  under  this  head  on  pages  57-58  being 
no  longer  applicable: 


154  SUPPLEMENT 

(a)  Fences  consisting  of  not  less  than  32-inch  woven 
wire  and  two  barbed  wires  firmly  fastened  to  well  set  posts 
not  more  than  a  rod  apart,  with  the  first  barbed  wire  above 
and  not  more  than  4  inches  from  the  woven  wire  and  the 
second  barbed  wire  above  and  not  more  than  8  inches 
from  the  first  wire. 

(b)  Fences  consisting  of  not  less  than  40-inch  woven 
wire  and  one  barbed  wire  firmly  fastened  to  well  set  posts 
not  more  than  a  rod  apart,  with  the  barbed  wire  above  and 
not  more  than  4  inches  from  the  woven  wire. 

(c)  Fences  consisting  of  not  less  than  48-inch  woven 
wire  firmly  fastened  to  well  set  posts. 

(d)  Fences  consisting  of  not  less  than  four  barbed 
wires  with  at  least  forty  barbs  to  the  rod,  the  wires  firmly 
fastened  to  posts  not  more  than  a  rod  apart,  the  top  wire 
to  be  not  more  than  48  inches  high  and  the  bottom  wire 
not  less  than  12  nor  more  than  16  inches  from  the  ground. 

(e)  Fences  consisting  of  rails,  timbers,  wires,  boards, 
stone  walls,  or  any  combination  of  these,  or  of  streams, 
lakes,  ditches,  or  hedges  which  shall  be  considered  by  the 
fence  viewers  as  equivalent  to  any  of  the  fences  already 
described  here. 

LINE  FENCES  (Pages  58-59) 

The  law  bearing  on  "line"  or  partition  fences,  a  digest 
of  which  appears  on  pages  58-59,  now  stands  essentially  as 
there  given  except  (a)  that  line  fences  are  to  be  maintained 
if  one  or  both  owners  desire  his  or  their  lands  to  be  par- 
tially or  wholly  fenced,  and  (b)  that  the  remaining  pro- 
visions of  the  law  have  been  extended  to  apply  to  the 
building  of  new  fences  and  are  no  longer  limited  in  applica- 
tion to  the  repair  or  rebuilding  of  those  already  in  existence. 


FARMERS'  LAW  155 

CHAPTER   XIV— ROADS— THEIR    ESTABLISHMENT    AND 
MAINTENANCE 

STATE  AID  FOR  STATE  ROADS  (Pages  65-66) 

I^p  to  twenty-five  per  cent  of  the  allotment  of  aid  for 
a  county  may  now  be  spent  upon  both  county  and  town 
roads  and  is  not  limited  to  expenditure  upon  county  roads 
only. 

The  last  sentence  of  the  middle  paragraph  on  page  66 
should  be  changed  to  read:  In  counties  with  less  than 
five  million  of  assessed  valuation  this  proportion  must  not 
be  less  than  80  per  cent  nor  more  than  90  per  cent;  five 
million  and  less  than  ten  million,  not  less  than  70  per  cent 
nor  more  than  85  per  cent;  ten  million  and  less  than 
fifteen  million,  not  less  than  60  per  cent  nor  more  than  80 
per  cent;  all  other  counties,  not  less  than  50  per  cent  nor 
more  than  75  per  cent. 

COUNTY  ROADS  (Page  67) 

The  county  commissioners  in  all  counties  are  now 
vested  with  power  to  constitute  and  declare  any  public 
highway  or  road  in  their  county  outside  of  the  corporate 
limits  of  villages  and  cities  county  roads. 

THE  COUNTY  COMMISSIONERS  AND  ROADS  IN  UNORGAN- 
IZED TERRITORY  (Page  67) 

County  boards  may  now  in  their  discretion  levy  an- 
nually a  tax  of  not  more  than  15  mills  for  road  and  bridge 
purposes  on  all  real  and  personal  property  in  any  territory 
not  organized  for  township  purposes.  The  funds  so  raised 
are  to  be  expended  under  the  direction  of  the  county  board 
for  the  construction,  improvement,  maintenance,  and  repair 
of  roads  and  bridges  in  the  unorganized  territory  so  taxed. 


156  SUPPLEMENT 

ESTABLISHING,  ALTERING,  OR  VACATING  ROADS  IN  MORE 
THAN  ONE  TOWN  (Pages  67-68) 

The  first  sentence  of  the  last  paragraph  on  page  67 
should  now  read  as  follows:  To  establish,  alter,  or  vacate 
any  road  or  roads  connecting  with  each  other  and  running 
into  more  than  one  town,  or  on  a  line  between  two  or  more 
towns  in  the  same  county,  or  wholly  within  a  town  when 
such  road  constitutes  a  direct  connecting  link  with  two  or 
more  roads  in  the  towns  adjoining  the  town  in  which  such 
road  is,  (1)  twenty-four  freeholders  petition  the  county 
board  for  such  action. 

TOWN  BOARDS  AND  TOWN  ROADS  (Pages  69-70) 

An  amendment  makes  the  last  sentence  in  the  section 
on  Town  Boards  and  Town  Roads  no  longer  applicable. 
THE  TOWN  ROAD  OVERSEER  (Page  70) 
The  Legislature  has  made  possible  a  return  to  the  older 
practice  of  having  more  than  one  road  district  in  a  town. 
The  number  of  districts,  not  to  exceed  four,  is  to  be  deter- 
mined by  the  voters  at  the  annual  town  meeting,  but  the 
division  into  districts  is  left  to  the  town  board. 
CARTWAYS  (Page  73) 
Town  boards  are  authorized  to  expend  road  or  bridge 
funds  upon  legally  established  cartways,  the  same  as  on 
town  roads,  if,  in  their  judgment,  public  interest  requires 
it. 

DRAINAGE  OF  ROADS  (Page  74) 

The  first  sentence  in  the  paragraph  headed  "Drainage 
of  Town  Roads"  (page  74)  applies  as  well  to  the  district 
road  overseer  as  to  the  town  overseer. 

The  authority  to  drain  roads  defined  in  the  paragraph 
just  mentioned  has  been  granted  to  county  boards  as  to 
state  roads. 


FARMERS'  LAW  157 

BRIDGES  (Page  76) 

The  law  relating  to  letting  contracts  for  bridges,  the 
contract  price  of  which  is  more  than  five  hundred  dollars, 
now  requires  that  the  publication  of  the  advertisement  for 
bids  must  be  made  at  least  ten  days  and  not  more  than 
thirty  days  before  the  time  fixed  for  receiving  bids  and 
letting  the  contract  and  shall  state  the  time  and  place  of 
receiving  bids  and  awarding  the  contract.  Moreover,  at 
least  three  weeks  before  the  time  fixed  for  receiving  bids 
the  county  auditor,  in  the  case  of  a  county  contract,  or  the 
town  clerk,  in  the  case  of  the  town,  is  required  to  mail  a 
copy  of  the  notice  to  the  Highway  Commission.  The 
Commission  is  to  keep  such  notices  on  file  for  inspection  of 
any  person  interested  and  from  time  to  time  publish  printed 
lists  of  all  such  notices. 

CHAPTER  XVI— TAXES 

THE  TAX  RATE  IN  MILLS  (Page  85) 

The  county  treasurer  is  required  to  have  printed, 
stamped,  or  written  on  the  back  of  all  current  tax  receipts 
a  statement  showing  the  number  of  mills  of  the  current  tax 
apportioned  to  the  state,  county,  city,  village,  town,  or 
school  district. 

CHAPTER  XVII— SCHOOLS 

SETTING  OFF  LAND  TO  AN  ADJOINING  DISTRICT  (Page  89) 

An  amendment  to  the  law  on  setting  off  land  to  an 
adjoining  school  district  gives  to  any  person  or  school 
officer  of  any  school  district  aggrieved  by  the  action  of  the 
county  board  in  carrying  out  the  provisions  of  this  law 
the  right  of  appeal  to  the  district  court. 


158  8UPPLEMEXT 

SPECIAL  STATE  AID  TO  RURAL  SCHOOLS  (Pages  91-92) 
The  paragraph  under  the  head  of  "Special  State  Aid  to 
Rural  Schools"  should  read  as  follows:  Rural  schools  in 
session  at  least  eight  months  shall  receive  aid  from  the 
annual  school  fund  in  the  amount  of  $150  for  each  teacher 
holding  a  first  class  certificate  and  those  in  session  at  least 
seven  months  shall  receive  $100  for  each  teacher  holding  a 
second  class  certificate. 

ASSOCIATION  (Pages  92-93) 

The  duties  of  the  superintendent  or  principal  of  the 
central  school  in  the  matter  of  courses  of  study  are  now  as 
follows:  "He  shall  prepare  suitable  courses  of  study  in 
agriculture  and  in  such  other  industrial  courses  as  may 
properly  be  taught  in  the  associated  rural  schools." 

Association  may  be  effected  at  any  annual  or  special 
meeting  of  the  rural  school  district  seeking  such  relation 
and  under  rules  of  the  state  high  school  board,  but  associa- 
tion may  not  be  considered  effected  until  the  central  dis- 
trict and  the  state  high  school  board  have  given  their 
approval. 

The  members  of  the  various  school  boards  of  the  as- 
sociated school  districts  and  the  members  of  the  school 
board  of  the  central  district  constitute  a  board  to  be  known 

as  "The  Associated  School  Board  of of ." 

Among  the  duties  of  this  associated  board  is  that  of  sub- 
mitting to  a  vote  of  the  various  associated  rural  districts 
the  question  of  levying  a  tax  in  the  associated  rural  dis- 
tricts to  assist  in  the  erection  of  an  agricultural  and  in- 
dustrial building  in  connection  with  the  central  school, 
and  the  levy  and  collection  of  a  tax  for  this  purpose.  The 
board  may  also  submit  to  the  several  rural  districts  the 
question  of  levying  a  tax,  not  in  excess  of  two  mills,  in 


FARMERS'  LAW  159 

such  districts  to  assist  the  central  district  in  maintaining 
the  industrial  courses.  But  before  any  tax,  either  for 
building  or  maintenance,  is  levied,  it  must  be  voted  for  and 
approved  by  each  of  the  rural  districts  so  associating  with 
a  central  district. 

Tuition  for  children  enrolled  in  industrial  departments 
of  state  high,  graded,  or  consolidated  rural  schools  which 
have  been  designated  by  the  state  high  school  board  to 
maintain  such  departments  and  where  the  residence  dis- 
tricts of  such  children  do  not  furnish  courses  of  instruction 
in  industrial  studies  is  now  a  charge  against  the  state. 

The  vote  requisite  for  withdrawal  of  a  rural  district 
from  the  associated  relationship  has  been  changed  from 
two  thirds  to  a  majority.  The  year  of  notice  to  the  central 
district  of  intention  to  vote  upon  the  question  of  with- 
drawal is  no  longer  required. 

CONSOLIDATION  (Pages  93-95) 

The  plat  of  a  proposed  consolidated  district  submitted 
to  the  superintendent  of  education  for  his  approval,  modi- 
fication, or  rejection  must  include,  as  well  as  the  items 
mentioned  on  pages  93-94,  the  assessed  valuation  of  the 
property  of  the  district  and  such  other  "information  as 
may  be  of  essential  value." 

The  county  board  of  education  has  been  given  authority 
to  consolidate  with  any  district  maintaining  a  high,  graded, 
or  semigraded  school  any  portion  of  an  unorganized  school 
district  or  other  district  governed  by  the  county  board  of 
education,  if  such  consolidation  is  approved  by  the  district 
maintaining  such  high,  graded,  or  semigraded  school. 

To  receive  state  aid  as  a  consolidated  district,  a  dis- 
trict must  contain  not  less  than  twelve  sections,  except 
that  when  any  consolidated  district  having  an  area  of  but 


160  SUPPLEMENT 

ten  sections  has  a  valuation  of  $200,000  and  not  exceeding 
vS  1,000,000  and  has  within  its  borders  an  incorporated 
village  it  shall  have  the  privileges  of  a  consolidated  school 
district.  Consolidated  districts  are  classified  as  A  and  B. 
Schools  of  class  A  must  be  in  session  at  least  eight  months 
in  the  year,  be  well  organized,  have  suitable  schoolhouses 
with  necessary  rooms  and  equipment,  and  have  at  least 
four  departments.  Schools  of  class  B  must  have  at  least 
two  departments.  Schools  of  class  A  receive  annually 
$500  aid;  those  of  class  B,  $250.  In  addition,  each  school 
may  receive  annually  the  amount  reasonably  expended  for 
the  transportation  of  pupils,  not  to  exceed  $2,000.  Aid  in 
the  construction  of  buildings  shall  be  given  equal  to  twenty- 
five  per  cent  of  the  cost  of  such  buildings,  but  aid  for  this 
purpose  may  not  exceed  a  total  of  vS2,000. 

CHAPTER  XVni— ELECTIONS—PRIMARY  AND  GENERAL 

PRESIDENTIAL  PREFERENCE  PRIMARY  ELECTIONS 
(Pages  96-97) 

Several  changes  were  made  in  the  presidential  preference 
primary  law.  Each  candidate  for  delegate  must  by  affi- 
davit specify  his  choice  of  the  names  filed  with  the  secre- 
tary of  state  as  candidate  for  president,  and  the  ballots 
are  to  be  so  printed  as  to  indicate  this  expressed  choice  of 
each  candidate  for  delegate.  The  ballots  are  to  be  printed 
in  such  a  manner  as  to  permit  the  voter  to  express  his  choice 
for  the  office  of  vice-president.  The  candidate  for  delegate 
who  receives  the  largest  number  of  votes  shall  be  elected 
delegate,  and  at  once,  upon  notification  of  his  election,  by 
an  instrument  filed  in  the  office  of  the  secretary  of  state, 
appoint  an  alternate  who  is  required  to  accept  the  appoint- 
ment in  writing  and  who,  in  his  acceptance,  declares  his 
choice  for  president,  which  choice  must  be  the  same  as 
that  of  the  delegate  appointing  him. 


FARMERS'  LAW  161 

THE  STATE-WIDE  PRIMARY  ELECTION  (Page  98) 

The  state-wide  primary  election  takes  place  the  third 
Monday  and  no  longer  the  third  Tuesday  in  June. 

CHAPTER  XIX— WILLS  AND  ADMINISTRATION 

SETTLEMENT  OF  AN  ESTATE  (Page  107) 

Children  born  after  the  will  was  made,  without  provision 
having  been  made  for  them  in  the  will  or  otherwise,  share 
in  the  estate  just  as  if  the  father  had  died  having  made  no 
will,  unless  it  appears  that  such  omission  was  intentional. 

CHAPTER  XXII— FARMERS'  MUTUAL  INSURANCE  COMPANIES 

TOWN  MUTUAL  INSURANCE  COMPANIES  (Page  117) 

Where  a  town  mutual  insurance  company  limits  its 
operations  to  one  county,  it  may  transact  business  over  the 
entire  county,  if  it  so  provides  in  its  certificate  of  incor- 
poration. 

KINDS  OF  PROPERTY  TO  BE  INSURED  IN  TOWNSHIP 
MUTUAL  INSURANCE  COMPANIES  (Page  118) 

The  lists  of  kinds  of  property  insurable  in  township 
mutual  insurance  companies  is  at  present  as  follows: 
"Dwellings  and  their  contents,  farm  buildings  and  their 
contents,  live  stock,  farm  machinery,  automobiles,  country 
store  buildings,  threshing  machines,  farm  produce  any- 
where on  the  premises,  churches,  schoolhouses,  society 
and  town  halls,  country  blacksmith  shops  and  their  con- 
tents, parsonages  and  their  contents,  and  the  barns  and 
contents  used  in  connection  therewith,  buttermakers' 
dwelling  houses  and  contents,  and  barns  and  contents  used 
in  connection  therewith." 


162  SUPPLEMENT 

MUTUAL    HAIL,    TORNADO,    AND    CYCLONE    COMPANIES 
(Pages  119-120) 

The  legislation  of  1915  restated  the  list  of  the  kinds  of 
property  insurable  in  mutual  hail  and  cyclone  insurance 
companies  as  follows:  ''Country  churches  and  school 
houses,  farm  dwellings,  barns,  and  other  buildings,  and 
hay,  grain,  and  other  farm  products  therein,  or  stored  or 
growing  on  the  premises,  bedding,  wearing  apparel,  printed 
books,  pictures  and  frames,  household  furniture,  family 
stores  and  provisions  while  therein  or  in  the  cellar  beneath, 
farm  implements,  vehicles,  and  machinery  on  or  off  the 
premises,  threshing  machines  or  live  stock  thereon  or  run- 
ning at  large." 

CHAPTER  XXVm— MISCELLANEOUS 

SLANDER  (Pages  146-147) 

Slander  has  been  defined  by  recent  legislation  as  follows : 
''Every  person  who,  in  the  presence  and  hearing  of  another, 
other  than  the  person  slandered,  whether  he  be  present  or 
not,  shall  speak  of  or  concerning  any  person  any  false  or 
defamatory  words  or  language  which  shall  injure  or  impair 
the  reputation  of  such  person  for  virtue  or  chastity  or 
which  shall  expose  him  to  hatred,  contempt  or  ridicule, 
shall  be  guilty  of  a  misdemeanor.  Every  slander  herein 
mentioned  shall  be  deemed  malicious  if  no  justification 
therefore  be  shown  and  shall  be  justified  when  the  language 
charged  as  slanderous,  false  or  defamatory  was  true  and 
was  spoken  with  good  motives  and  for  justifiable  ends." 


INDEX 


Accident  insurance,  129. 

Acknowledgment,  22. 

Acquiring  a  farm,   12-18. 

Adjoining  districts,  setting  off 
land  to,  89. 

Adjustment  of  insurance,  116;  in 
town   mutual   companies,    119. 

Administration  of  estates,  103- 
110;  where  a  will  has  been 
made,  105-107;  where  no  will 
has  been  made,  107-110. 

Administrator,  appointment  of, 
106. 

Advertising,  by  candidates  for 
office,  100. 

Agisters,  defined,  50;  lien  of,  50. 

Agricultural  seed  law,  40-43;  pen- 
alties for  violating,  41-42. 

Aid  to  rural  schools,  special  state, 
91-92;  for  association,  92-93; 
for  consolidation,  94-95. 

Ambiguous  instruments,  136-137. 

Amendments  to  the  State  Con- 
stitution, how  adopted,  101-102. 

Animals,  farm,  46-53;  estrays,  46- 
47;  distraining,  47;  liability  of 
railroads,  47;  damage  caused 
by,  48;  diseased,  48-49;  brought 
into  the  state,  49-50;  lien  for 
shoeing,  49-50;  lien  of  agisters, 
50;  lien  for  service  of  stallions, 
etc.,  51;  cruelty  to,  51-52. 

Annual  school  meeting,  90;  powers 
of,  90. 

Annuity  insurance,  123. 

Appeals  from  action  of  town  and 
county  boards  as  to  roads,  72, 
74.  ^ 

Appraisal  of  estates  of  deceased 
persons,  106-107. 

Assessment,  80-82 ;  dates  of,  80-81 ; 
of  real  estate,  81-82;  of  personal 
property,  81-83. 

Assessor,  80-82. 


Association  of  rural  schools,  92-93- 
procedure,  92;  state  aid  for,  92- 
93. 

Attachment,  writ  of,  104. 

Attestation  of  wills,  104. 

Auction  contracts,   11,   141. 

Auctioneers'  licenses,  140. 

Auctions,  140-141. 

Ballot,  partisan,  97,  98;  non-par- 
tisan, 98. 

Bill  of  lading,  142. 

Board  members,  school,  election 
of,  90. 

Bond  of  executor  or  administrator, 
106. 

Bonds  for  permanent  improve- 
ment, of  county  roads,  68-69; 
of  town  roads,  73-74. 

Boundaries,  farm,  54;  streams  and 
lakes  as,  56. 

Boundary  disputes,  54. 

Bridges,  contracts  for,  76;  inspec- 
tion of,  76;  width,  76;  crossing, 
with  traction  engines,   79. 


Campaign  expenditures,  100-101; 
statement  of,  101. 

Candidates  for  office,  advertising 
limitations  of,  100. 

Cars  furnished  by  common  carri- 
ers, 143-144. 

Cartways,  73. 

Casualty  insurance,  129. 

Chattel  mortages,  23-24;  registry, 
23;  foreclosure,  23-24;  form,  24; 
redemption  after  foreclosure,  24. 

Checks,  130-132. 

Children,  born  after  a  will  has 
been  made,  107;  not  benefiting 
under  a  will,  107;  guardians  for 
children,  110;  posthumous  chil- 
dren, share  in  estate,  110. 

Collection  of  taxes,  85. 


163 


164 


INDEX 


Commercial  paper,  130-137;  notes, 
130;  checks,  130-132;  drafts, 
132-133. 

Commission  merchants,    138-139. 

Common  carriers,  142-144;  cars 
furnished  by,  143-144. 

Common  law,  defined,  8;  source,  8. 

Compulsory  education  law,  95. 

Consideration,  9-10. 

Consolidation  of  rural  schools, 
93-95;  procedure,  93-94;  state 
aid  to  consolidated  schools,  94- 
95. 

Constitution,  defined,  7-8. 

Constitutional  amendments,  how 
passed,  101. 

Contracts,  9-11;  defined,  9;  for 
the  sale  of  land,  10;  made  by 
incompetents,  10;  made  by 
married  women,  10;  made  by 
minors,  10;  not  to  be  performed 
within  the  year,  10;  to  perform 
unlawful  acts,  10;  when  to  be 
in  writing,  10;  auctions,  11;  for 
personal  property  for  more  than 
fifty  dollars,  11;  installment 
contract,  acquiring  a  farm  under, 
18. 

Co-operation,  recent  developments 
in,  113. 

Co-operative  associations,  111- 
113;  kinds  of  enterprises  con- 
ducted by,  111;  organization, 
111-112;  management,  112;  dis- 
solving, 112. 

Corrupt  practices  act,  100-101. 

County  ditches,  61-63. 

County  line  roads,  69. 

County  roads,  67-69. 

Covenants,  in  a  warranty  deed, 
13,  15;  in  a  mortgage  deed,  19. 

Cream,  shipment  of,  37. 

Creamery  associations,  reports  to 
Dairy  and  Food  Commission, 
112-113. 

Creditors,  notice  to,  in  admin- 
istering estates,   106. 

Crops,  on  shares,  30;  damages  to, 
35. 


Cruelty  to  animals,  51-52. 

Culverts,  town  board  to  build,  56; 
width  of,  76;  crossing  with  trac- 
tion engines,  79. 

Cyclone  insurance,  mutual,  119- 
120. 

Dairy  and  Food  Commission, 
report  to,  of  creamery  associa- 
tions, 112-113. 

Dairy  products,  36-37;  licenses  to 
sell,  36;  use  of  preservatives  in, 
36;  sale  of  unwholesome  or 
adulterated,  36-37:  Babcock 
test  required  in  purchase  of, 
37;  discrimination  in  prices 
paid  for,  37. 

Damage,  to  crops,  35;  caused  by 
animals,  48. 

Date  of  maturity  of  negotiable 
instruments,  135-136. 

Dedication,  of  land  for  road,  73; 
of  road  by  use,  75. 

Deed,  defined,  12;  kinds,  12;  war- 
ranty, 12-16;  quitclaim,  16-17; 
mortgage,   19-23. 

Delinquent  taxes,  85-87. 

Descent  of  property,  according  to 
law,  108-110;  homestead,  108; 
other  real  estate,  108-109;  per- 
sonal property,  109. 

Designating  a  state  road,  64-65. 

Discrimination  in  prices  paid  for 
dairy  products,  37. 

Diseased  animals,  48-49. 

Dissolving  a  school  district,  89-90. 

Distraining,  47. 

Distribution  of  taxes,  87. 

District,  school,  to  form  a  new, 
88;  to  enlarge  a  school  district, 
89;  dissolving  a  school  district, 
89-90. 

Ditches,  61-63;  process  of  estab- 
lishment, 62-63. 

Dogs,  52-53. 

Drafts,  132-133. 

Dragging  fund  for  town  roads,  71. 

Drainage  ditches,  61-63. 

Drainage  of  town  roads,  74. 


INDEX 


165 


Drunken  persons,  power  to  make 
contracts,  10. 

Education,  compulsory,  95. 

Elections,  primary  and  general, 
96-102;  presidential  preference 
primary,  96-97;  state-wide  pri- 
mary, 98-100;  who  is  nominated 
at  primary  elections,  98-100; 
general,  100;  additional  rules 
for  the  conduct  of  elections,  102. 

Electors,  nomination  of,  97. 

Emblements,  right  of  lessee  to,  30; 
defined,  33. 

Employees,  may  leave  work  to 
vote,  102. 

Endowment  insurance,  122-123. 

Engines,  traction,  79. 

Enlarging  a  school  district,  89. 

Equalization,  82-83. 

Estates  of  deceased  persons,  ad- 
ministration of,  103-110. 

Estovers,  30. 

Estrays,  46-47. 

Eviction,  30. 

Executor  of  estate  of  deceased 
person,  106. 

Exempt,  property,  from  taxation, 
81. 

Express  contracts,  9. 

Extending  the  taxes,  84-85. 

Extraordinary  improvement  of 
roads,  county,  68-69;  town, 
73-74. 

Farm  animals,  46-53;  estrays,  46- 
47;  distraining,  47;  liability  of 
railroads,  47;  damage  caused  by, 
48;  diseased,  48-49;  cruelty  to, 
51-52. 

Farm  boundaries,  54;  settling  dis- 
putes as  to,  54. 

Farm  laborers,  31-32;  wages  of, 
when  not  agreed  upon  in  ad- 
vance, 31;  right  to  discharge, 
32;  obligations  of,  32. 

Farm  products,  33-37. 

Farmer  and  the  lawyer,  the,  148- 
149. 


Farmers'  mutual  insurance  com- 
panies, 117-120. 

Feeble-minded,  incompetent  to 
make  wills,  103. 

Fence  viewers,  town  board  as,  57. 

Fences,  legal,  57-58;  line,  58-59; 
removal  of,  by  town  and  county 
boards,  74-75.  ^ 

Filing  for  elections,  97-98;  by 
petition,  98. 

Fires,  caused  by  sparks  from  rail- 
road engine,  35;  spreading  to 
a  neighbor's  land,  57. 

First  and  second  choice  votes  at 
primary  elections,  99-100. 

Foreclosure  of  mortgages,  23. 

Forged  paper,  137. 

Forgery,  137. 

Fraternal  insurance,    128-129. 

Frauds,  Statue  of,  10-11. 

Fruit  trees  on  or  near  boundary 
lines,  56. 

Full  age,  103. 

Fund  for  dragging  town  roads,  71. 


Garnishment,  146. 

Gasoline  permit,  115. 

General  election,  100. 

Glanders,  48. 

Grain  exempt  from   levy,   34-35. 

Guardians,  110. 


Hail  insurance,  mutual,   119-120. 

Hedge,  raising  on  property  abut- 
ting on  road,  55. 

Highway,  weeds  growing  on,  44. 

Hog  cholera  serum,  50;  who  may 
use,  50. 

Homestead,  defined,  15;  descent 
of,  108. 

Ice,  right  to,  in  streams,  61. 
Idiots,   right  to   make  contracts, 

10. 
Implied  contracts,  9. 
Indorsement,  133-135;  blank,  133 

134;  in  full,  134;  qualified,  135. 
Indorsers'  liabilitv.  135. 


106 


INDEX 


Injunction,  146. 

Inspection  of  nursery  stock,  38-39. 

Installment  contract,  acquiring  a 
farm  under,  18. 

Insurable  interest,  123-124. 

Insurance,  property,  114;  Minne- 
sota Standard  Policy,  114-116; 
adjustment,  116,  119;  hail, 
tornado  and  cyclone,  119-120; 
life,  121-129;  fraternal,  128-129; 
casualty,  129. 

Insurance  Commissioner,  duties 
of,  117,  120,  124,  129. 

Insurance  companies,  town  mut- 
ual, 117-119. 

Insured,  obligations  of,  114-115; 
statement  of,  115-116. 

Intemperate  drivers,  79. 

Interest,  insurable,  123-124. 

Intestate,  administration  of  estate 
where  deceased  died,    107-110. 

Inventory  of  estate  of  deceased 
person,  106-107. 

Judicial  ditches,  61-63. 

Kerosene,  right  to  use,  under 
insurance  policy,  115. 

Laborers,  farm,  31-32. 
Lakes  as  boundaries,  56. 
Landlord  and  tenant,   covenants 

of,  25-26. 
Larceny,  34. 
Law,    in    general,    7-8;    statutes, 

7-8;    unwritten,    7-8;    written, 

7-8;  common,  8. 
Lawyer,  the  farmer  and  the,  148- 

149. 
Leases,  parties  to,   25;   oral  and 

written,    25;    forms    of,    26-29; 

tenure  of,  29. 
Legal  fences,  57-58. 
Lessee,  right  of,  to  emblements, 

30. 
Levy  of  taxes,  83-84. 
Levy  upon  grain,  when  made,  34. 
Liability  of  railroads,  as  to  farm 

animals,  47;  as  common  carri- 
ers. 142-143. 


Libel,  146-147. 

License  to  sell  dairy  products,  36. 

Lien,  threshers',  35-36;  agisters', 
50;  shoers',  50-51;  for  service 
of  stallions,  etc.,  51. 

Life  insurance,  121-129;  defined, 
121;  ordinarv,  121;  limited  pay- 
ment, 121-122;  kinds,  121-123; 
term,  122;  endowment,  122- 
123;  annuity,  Minnesota  pol- 
icies, 124-128;  first  page  of 
specimen  policy,  125;  fraternal, 
128-129. 

Line  fences,  58-59. 

Liquor,  sale  of,  on  election  days, 
102. 

Live  Stock  Sanitary  Board,  func- 
tion of,  48-50. 

Live  stock,  shipping,  144. 

Lunatics,  right  to  make  contracts, 
10. 

Manure,  rights  of  landlord  and 
tenant  to,  34. 

Married  women,  right  to  make 
contracts,  10. 

Maturity,  date  of,  of  negotiable 
instruments,  135-136. 

Meeting  and  passing  on  roads,  77. 

Meetings,  annual  school,  90;  spec- 
ial school,  90. 

Minors,  defined,  32;  wages  of,  to 
whom  paid,  32. 

Moneys  and  credits  tax,  82. 

Mortgage,  chattel,  23-24;  fore- 
closure, 23;  registry,  23;  form, 
24. 

Mortgage  deed,  19-24;  parties,  to 
19;  defeasance  clause,  19;  cov- 
enants in,  19;  use  of,  19;  form 
of,  20-21;  signature,  etc.,  22; 
registry  tax,  22;  discharge  of 
record,  22-23;  foreclosure,  23. 

Motor  vehicles,  on  roads,  77-78; 
use  of  muffler  on,  77;  who  may 
not  drive,  78;  in  case  of  acci- 
dent, 78;  equipment  of,  78-79. 

Mutual  insurance  companies, 
town,  117-119;  hail,  tornado 
and  cyclone,  119-120. 


INDEX 


167 


National  convention,  election  of 
delegates  to,  97. 

Navigability,  56. 

Navigable  streams,  as  boundaries, 
56;  right  to  ice  in,  61. 

Negotiability,  133. 

Negotiable  instruments,   130-137. 

Nonpartisan  ballot,  98. 

Notes,  130. 

Nursery  certificates,  how  ob- 
tained, 38. 

Nursery  stock,  38-39;  inspection 
of,  38;  infested,  38;  shipment 
of,  39;  from  outside  the  state, 
39. 

Occupation,  term  of,  to  give  title, 
54. 

Old  roads,  to  be  open  two  years, 
75. 

Oral  testimony,  effect  of,  on  writ- 
ten contract,  11. 

Overdrawing  an  account,    132. 

Overseer,  of  town  roads,  70. 

Part  payment  to  "bind  the  bar- 
gain," 11. 

Party  lines,  in  the  presidential 
preference  primary  election,  97 ; 
in  the  state-wide  primary  elec- 
tion, 98. 

Passing  on  roads,  77. 

Pasturing,  lien  for,  50. 

Personal  property,  assessment, 
81-83;  effect  of  wills  on  descent 
of,  107;  descent,  109. 

Plans  for  state  roads,  65. 

Polls,  how  long  to  be  open,  102. 

Posthumous  children,  share  in 
estate,  110. 

Powers  and  duties  of  school 
boards,  90-91. 

Powers  of  annual  school  meeting, 
90. 

Premium,  insurance,  defined,  114. 

Preservatives,  use  of,  in  dairy 
products,  36. 

President  and  vice-president,  how 
names  of  candidates  for  are 
placed  on  election  ballots,  97. 


Presidential  preference  primary 
election,  96-97;  date  of,  96. 

Primary  election,  presidential  pref- 
erence, 96-97;  state- wide,  98- 
100. 

Probating  a  will,  105-106. 

Produce  shipped  to  commission 
merchants,  138-139. 

Promises  to  answer  for  the  debt 
of  another,  10. 

Property  exempt  from  taxation, 
81. 

Property  insurance,  114-120;  defi- 
nitions, 114;  Minnesota  Stand- 
ard Policy,  114-116. 

Quitclaim  deed,  16-17;  use  of,  16; 
form  of,  16-17. 

Railroad  and  Warehouse  Commis- 
sion, control  of  commission  mer- 
chants, 138-139;  of  common 
carriers,  143. 

Railroads,  liability  as  to  farm 
animals,  47;  as  cominon  carri- 
ers, 142-144;  cars  furnished  by, 
143-144. 

Real  estate  assessment,  81-82. 

Real  estate,  purchasing,  12-18. 

Rent,  defined,  25. 

Replevin,  145. 

Report  to  Dairy  and  Food  Com- 
mission, of  creamery  associa- 
tions, 112. 

Revoking  wills,  105. 

Riparian  rights,  60-61. 

Road  overseer,  70. 

Road  taxes,  in  towns,  70-71. 

Roads,  abutting  on  the  farm, 
55-56;  right  to  grass  and  trees 
on,  55;  planting  trees  on,  55; 
establishment  and  maintenance 
of,  64-76;  kinds,  64;  state  roads, 
64-67;  county,  67-69;  issuing 
bonds  for  improvement  of, 
68-69,  73-74;  in  two  or  more 
counties  or  on  county  lines,  69; 
establishment,  alteration,  etc., 
of  town  roads,  71-72;  on  town 


168 


INDEX 


lines,  72;  in  new  towns,  72-73; 
cartways,  73;  dedication  of  land 
for,  73,  75;  drainage  of  town 
roads,  74;  tunnels  under,  75; 
old,  to  be  open  two  years,  75; 
use  of,  77-79. 

Sales  at  auction,  140-141. 

School  board,  powers  and  duties 
of,  90-91;  powers  of,  in  con- 
solidated districts,  94. 

School  districts,  kinds,  88;  form- 
ing, 88;  enlarging,  89;  dissolv- 
ing, 89. 

School  meetings,  annual,  90;  spec- 
ial, 90. 

Schools,  88-95;  special  state  aid 
to  rural,  91-92;  association  of 
rural,  92-93;  consolidated,  93- 
95. 

Second  choice  votes  in  primary 
elections,  99-100. 

Seed  grain  contracts,  35;  when 
used,  35. 

Seed  law,  40-43;  penalties  for 
violating,  41-42. 

Serum,  hog  cholera,  50. 

Service  of  stallions,  etc.,  lien  for, 
51. 

Settlement  of  estates  of  deceased 
persons,  where  a  will  has  been 
made,  107. 

Setting  off  land  to  an  adjoining 
school  district,  89. 

Shipping  live  stock,   144. 

Shoeing,  lien  for,  50-51. 

Shore  rights,  60-61. 

Short  form,  of  warranty  deed, 
12-13,  14;  of  quitclaim  deed, 
16,  17;  of  will,  103. 

Signature,  in  warranty  deed,  15. 

"Sixty-five  mile"  law,  37. 

Slander,  146-147. 

Special  school  meetings,  90. 

Speed  of   motor  vehicles,    77-78. 

Spouse,  surviving,  as  adminis- 
trator, 106;  share  of,  in  estate, 
108-109. 

Stallions,  lien  for  service  of,  51. 


State  aid,  to  rural  schools,  91-92; 

to  consolidated  schools,  94-95. 
State  ditches,  61-63. 
State   Highway   Commission,   64. 
State  road  and  bridge  fund,  65-66. 
State  roads,  64-67;  state  aid  for, 

65-66;  upkeep  of,  66. 
State-wide    primarv  election,  98- 

100. 
Statute,  defined,  7. 
Statute  of  Frauds,  10-11. 
Stock  in  co-operative  associations, 

111-112. 
Streams,    as    boundaries,    56;    as 

public  highways,  61. 
Subject  matter  of  contracts,   10. 
Surety,  130. 
Surface  waters,  61. 
Surviving  spouse,  as  administra- 
tor,   106;   descent   of   property 

to.   108-109. 


Tax  Commission,  83. 

Taxes,  80-87;  mortgage  registry, 
22,  87;  road,  in  towns,  70-71; 
for  the  dragging  fund,  71; 
moneys  and  credits,  82,  87;  de- 
linquent, 85-87;  inheritance,  87; 
gross  earnings,  87. 

Taxing  process,  steps  in,  80-87; 
assessment,  80-82;  equalization, 
82-83;  levy,  83-84;  extending, 
84-85;  collection,  85;  delinquent 
taxes,    85-87;   distribution,    87. 

Tenant,  covenants  of,  25,  27,  29; 
tenant  "from  year  to  year",  29; 
eviction  of,  30. 

Tenure  of  lease,  29. 

Theshers'  lien,  35-36. 

Timber,  rights  of  tenant  to,  30. 

Title,  defined,  12. 

Tornado  insurance,  mutual,  119- 
120. 

Town  board,  may  order  trees  or 
hedges  on  roads  cut  down,  55; 
to  build  culvert  for  owner  of 
land  abutting  on  a  road,  56; 
as  fence  viewers,  57;  and  town 
roads,  69-70;  and  cartways,  73. 


INDEX 


1G9 


Town  ditches,  61-63. 

Town  line  roads,  72. 

Town  mutual  insurance  compan- 
ies, 111,  117-119;  certificate  of 
incorporation,  117-118;  kinds  of 
property  to  be  insured,  118; 
how  supported,  118-119. 

Town  road  overseer,  70. 

Town  roads,  69-74;  town  boards 
and,  69-70;  establishment,  alter- 
ation, etc.,  of,  71-72;  extra- 
ordinary improvement  of,  73- 
74;  drainage  of,  74. 

Town  road  taxes,  70-71. 

Traction  engines,  79. 

Transportation  of  pupils,  power 
of  the  board  to  provide,  91;  in 
consolidated  districts,   94. 

Trees,  on  roads  abutting  on  farms, 
55;  on  boundary  lines,  56. 

Trespass,  34. 

Tuberculous  live  stock,  48-49. 

Tunnels  under  roads,  75;  bridges 
over,  75. 


Underwriter,  defined,  114. 
Unnavigable  streams,  right  to  ice 
in.  61. 


Unwritten  law,  7-8. 
Use  of  roads,  77-79. 


Voters,  96. 

Wagers  not  contracts,  10. 

Wages  of  minors,  to  whom  paid, 
32. 

Warranty  deed,  12-16;  form,  13- 
14;  covenants,  13,  15;  changes 
in,  after  delivery,  15;  husband 
and  wife  joining  in,  15. 

Waters  of  the  farm,  60-63;  sur- 
face waters,  61. 

Weeds,  44-45 ;  method  of  enforcing 
the  law,  44-45. 

Wills  and  administration,  103-1 10. 

Wills,  who  may  make,  103;  form 
of,  103-104;  attestation  of,  104; 
how  revoked,  105;  settlement 
of  estate  according  to  provisions 
of,  107;  children  not  benefiting 
under,  107. 

Witnessess,  competent,  for  valid 
will,  104-105. 

Written  law,  7. 


I  Rural  Education  | 

I  A.  E.  PICKARD  I 

1  AN    AID    TO    PRODUCTIVE    TEACHING  | 

m  FOR  NORMAL  CLASSES,  READING  CIR-  M 

1  CLES,  COUNTY  SUPERINTENDENTS  and  ^ 

i  RURAL  TEACHERS 1 

J  Adopted  in  Several  States  and  Many  Counties  = 

=  Industrial  subjects  are  disputing  place  with  academic  = 

M  even  in  the  rural  school.     What  shall  be  eliminated?     What  M 

M  shall  be  taught?     How?     With  what  result?  p 

I  Rural  Education  Tells  What  to  Teach  1 

^  Aside  from  the  excellent  arrangement  of  the  program  of  M 

p  academic  subjects  and  the  full  treatment  of   methods   for  ^ 

p  teaching  the  same,  Rural  F.ducation  presents  practical  plans  M 

^  for  including  the  required  industrial  work,  viz:  agriculture,  M 

M  manual  training  and  domestic  science.     In  addition  it  fully  = 

M  discusses  the  outside  activities  which  enlarge  the  scope  of  the  M 

=  school  and  the  community  life  and  form  a  vital  part  of  real  = 

^  rural  education.  ^ 

I  Rural  Education  Tells  How  to  Teach  J 

M  The  co-ordination   and   arrangement   of  all  these  con-  = 

M  flicting  courses  is  a  problem  which  this  book  solves  with  M 

^  satisfaction  and  success.     Complete  instruction  is  given  for  ^ 

p  the  carrying  out  of  the  plans  suggested  and  for  the  teaching  = 

=  of  each  subject  in  detail.     In  the  industrial  subjects  the  actual  p 

m  work  to  be  pursued  is  supplied.  p 

I  Rural  Education  Increases  Teaching  Efficiency  M 

^  The   definite   outlines   and    methods   which   have   been  M 

^  thoroly  tested  and  found  to  be  most  successful,  together  with  ^ 

=  the  enlarged  outlook  and  inspiration  which  come  with  a  view  p 

^  of  new  and  greater  possibilities,  tend  to  increase  efficiency  in  p 

p  the  schoolroom  and  to  direct  and  elevate  all  rural  life.  = 

M  12mo.,  430  pages.     Illustrated.     Price,  $1.00  net  M 

i  WEBB  PUBLISHING  COMPANY,  | 

^  SAINT  PAUL.  MINN.  M 

illlllllllllllllllillllllllllllllllllllJIIilllllllillllli^ 


I  Industrial  Work  A^  Boys  | 


A.  E.  PICKARD 


A    COMPANION    VOLUME   TO 
"INDUSTRIAL  WORK  FOR  GIRLS" 

This  volume  is  in  keeping  with  the  rapid  strides  that  are 
being  made  by  industrial  education.  It  is  an  up-to-date  text 
for  teaching  industrial  work  to  boys  in  rural  and  graded 
schools.  With  the  exception  of  its  companion  volume,  no 
other  book  is  better  designed  for  training  the  hand  as  well  as 
the  head. 


CONTENTS 


Chapter  I^Course  and  Equipment.  Purpose  of  Industrial  Work, 
Preliminary  Industrial  Work,  Second  and  Third  Division  Work. 

Chapter  II— General  luduttrial  Work.  School  Exercises  in  Weav- 
ing, Paper  Folding  and  Construction,  Raffia  and  Rattan  Work. 
Modeling. 

Chapter  III^-Rope  Work  and  Belt  Lacing.  Whipping,  Crowning, 
Splicing,  Making  Knots,  Rope  Halters,  Block  and  Tackle  Reev- 
ing, Lacing  Three-inch  and  Six-inch  Belts. 

Chapter  IV— Woodwork  at  School.  Equipment,  Thirty-two  Man- 
ual Training  Exercises. 

Chapter  V—Home  Projects  in  Woodwork.  Equipment,  Nineteen 
Home  Credit  Projects,  including  the  Making  of  a  Work  Bench, 
Folding  Ironing  Table,  Stepladder,  Chicken  Coop,  Stock  Rack, 
Wagon  Box,  Farm  Gate  and  Road  Drag. 

Chapter  Vl-^Projecta  in  Cement  and  Iron.  Making  Concrete 
Walks,  Floors,  Posts  and  Building  Blocks,  Iron  Work. 

Chapter  VII^Home  Credit  Work  in  Agriculture.  Soil  Study,  Ro- 
tation of  Crops,  Germination  Tests,  Garden  Work,  Weed  Col- 
lection, Insect  Collection,  Collection  of  Woods,  Study  of  Birds 
and  Rodents,  Study  of  Machinery,  Stock  and  Grain  Judging, 
Tree  Grafting,  Strawberry  Raising. 

Chapter  Vlll^Contetts  and  Club  Work.  Acre-yield  Corn  Plot, 
Potato  Yield  Contest,  Tomato  Contest,  Home  Canning,  Poultry 
Contest,  Pig  Contest,  Savings  Banks,  Keeping  Accounts,  In- 
dustrial Exhibit. 

The  book  contains  over  100  illustrations,  most  of  which 
are  working  drawings  for  the  projects  suggested.  These 
diagrams  alone  are  worth  in  school  or  at  home  many  times 
the  price  of  the  book. 

12mo.,  about  150  pages.     Illustrated.     Price,  40  cents  net 

WEBB  PUBLISHING  COMPANY, 

SAINT  PAUL,   MINN. 


I  INDUSTRIAL  BOOKLETS  I 

m  A.  E.  PICKARD  I 

m  A  BOOK  ON  BOOKLETS— TEACHING  THE  EXPRESSION  = 

=  AND  ILLUSTRATION  OF  INDUSTRIAL  SUBJECTS  THRU  = 

M  COMPOSITION  AND  ART  = 

=  Suitable  for   Grade    Work  in   All  Kinds  of  Schools  ^ 

^  This  book  on  booklets  contains  a  series  of  outlines  on  Agriculture,  p 

=  Horticulture,  Animal  Husbandry,  Home  Economics,  and  other  subjects.  = 

=  One  topic — Poultry — is  thoroly  developed  as  an  example  of  the  way  in  = 

=  which  the  work  should  be  done.  ^ 

=  The  making  of  the  booklets  is  a  part  of  the  language  work.     The  ^ 

i=  character  of  the  subjects  and  the  interest  taken  in  their  study  vitalize  = 

=  the  school  life  by  supplying  a  wealth  of  pleasing  material  for  discussion  ^ 

=  and  composition.     Different  important  results  are  secured  by  the  use  = 

=  of  these  outlines.  = 

^  This  investigational  method  of  study  is  the  most  practical  and  = 

=  pedagogical.  = 

^  Topics  of  vital  interest  are  impressed  with  their  bearing  on  modern  ^ 

=  activities  of  general  concern,  and  pupils,   under  proper  direction,  ac-  = 

^  quire  the  habit  of  orderly  and  effective  expression.     The  general  char-  = 

=  acter  of  the  school  work  is  elevated  to  a  new  plane.  = 

=  12 mo.,  144  pages.     Illustrated.     Price  40  cents  net  = 

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illlllllllllllllllllllllllilllllllllllllillllllllllllllllllllllllllllllllllll^^ 
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I  Rural    School   Lunch  | 

i  NELLIE  WING  FARNSWORTH  1 

=  DIRECTOR  OK  HOME  ECONOMICS  ^ 

=  STATE  NORMAL  SCHOOL,  VALLEY  CITY,  N.  D.  = 

m  A  TIMELY  TREATMENT  OF  THIS  TOPIC  M 

M  FULL  OF  PRACTICAL  VALUE  FOR  TEACHERS  m 

^  As  a  help  to  convenience,  comfort,  health,  vigor  of  mind,  education  ^ 

=  and  culture,  this  little  booklet  brings  its  offering  in  the  hope  and  belief  = 

=  that  it  may  have  a  part  in  securing  better  conditions  for  multitudes  who  = 

=  need  and  deserve  them.  ^ 

S  TOPICS  TREATED  BY  THE  AUTHOR  ^ 

S  Need  of  the  School  Lunch              Advantages  of  the  Lunch  ^ 

S  Necessary  Equipment                         Teachers'  Special  Problems  ^ 

=  Methods  of  Maintenance                Food  Study  = 

=  Suitable  Dishes                                       Composition  of  Food  Stuff s  = 

=  Management                                            Recipes  = 

=  Full  details  are  given  for  the  installation  and  conduct  of  the  rural  = 

=  school  lunch.     By  means  of  the  tables  and  directions  a  teacher  can  = 

=  easily  work  out  the  whole  problem  of  not  only  the  one  dish  but  of  a  = 

=  whole  meal  and  of  child  nutrition  in  general.     The  plans  embody  the  = 

=  extensive  experience  of  the  author.  = 

^  Price  in  paper  covers,  illustrated,  25  cents.  = 

i  Webb  Publishing  Co.                              Saint  Paul,  Minn.  1 


STANDARD  BOOKS  FOR  FARMS 
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Beginnings 

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Beginnings  in  Animal  Husbandry 

By  Prof.  C.  S.  Plumb,  of  the  Ohio  State  Univer- 
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FipM   frnnc  A  new  standard  book  by  A. 

1  ICIU   VI  Up^  J)  Wilson,  Minn.  College  of 

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Soils  and  Soil  Fertility 


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AGRICULTURAL 
ENGINEERING 

OAVIDSON 


Agricultural  Engineering  D^avia- 

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postage  15c  extra. 

Popular  Fruit  Growing  i^^^^^X, 

Green,  Minn.  College  of  Agri.  A  very  popular 
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Gives  principles  of  successful  orchard  manage- 
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harvesting  and  marketing  methods.  A  standard 
text  in  many  schools.  300  pages;  profusely  il- 
lustrated.    Cloth,  $1.00;  postage  12c  extra. 


Vegetable  Gardening  i^fe^  ?;S:^™f 

Horticulture,  Minn.  College  of  Agri.  A  handy 
manual  on  the  growing  of  all  kinds  of  vegetables 
for  home  use  and  for  the  market.  It  is  used  as  a 
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Agriculture   for  Young  Folks 

By  A.  D.  Wilson,  Supt.  of  Farmers'  Institutes  ^ 
and  Agricultural  Extension,  University  of  Minn., 
and  E.  A.  Wilson.  This  is  the  most  practical 
elementary  agricultural  text  book  for  rural  and 
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elementary  principles  of  agriculture  through  les- 
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Silos:  Construction  and  Service 

By  M.  L.  King,  formerly  Silo  Investigation 
Expert,  Iowa  State  College.  A  popular  treat- 
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recipes,  all  contributed  by  farmers'  wives  and 
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a  most  helpful  servant  in  your  kitchen.  Cloth 
boimd,  50  cents.  Paper  covers,  25  cts.  Postpaid. 

Weeds  and  How  to  Eradicate 

Thpm  ^^  Prof.  Thomas  Shaw,  author  of  nu- 
I  llCllI  uierous  agricultural  works.  In  this  book 
simple  but  practical  means  of  distinguishing 
different  weeds  are  taught,  the  manner  of  growth 
of  each  explained,  and  the  best  methods  for  their 
eradication  and  control  advised.  208  pages;  il- 
lustrated. Cloth  bound,  50  cts.  Paper  cover,  25 
cents.      Postpaid. 

Quack  Grass  Eradication  ^J^^;^ 

practical  farmer  who  has  worked  out  a  system  of 
soil  treatment  which  results  in  a  permanent  de- 
struction of  quack  grass.  It  is  not  necessary  to 
lose  a  crop  by  this  method,  nor  are  expensive 
tools  needed.  The  principles  involved  are  plainly 
stated  and  the  process  itself  in  not  complex. 
This  book  should  be  in  the  hands  of  every  farm- 
er on  whose  farm  quack  grass  is  spreading. 
Cloth  bound,  $1.00.  Postpaid. 


^ 


Webb  Publishing  Co.,       St.  Paul,  Minn, 


y   vf-      ^—g" 


AcoMPtrrccuioi.- 


Evergreens  and  How  to  Grow 

Thf^m  ^^  ^*  ^*  Harrison.  The  practical 
1 11  cm  yq\xiq  of  evergreens  for  windbreaks 
and  sbelterbel  cs  and  for  ornamental  purposes 
makes  this  book  of  value  to  every  farmer  of 
the  United  States.  Evergreens  are  not  hard 
to  grow,  but  unless  certain  details  are  looked 
after,  failure  is  likely.  Mr.  Harrison  tells  very 
plainly,  from  his  extensive  experience,  the 
correct  treatment  to  follow.  Varieties  illus- 
trated. 100  pages.  Paper  cover,  26c.  Postpaid. 
DiiIac  Cki  nt*/lAt*  *^d  Civil  Government. 
KUICd  UI  VrUCI  luustrated  and  made 
plain.  Everyone,  at  some  time  or  other,  is  hkely 
to  require  some  knowledge  of  rules  of  order.  But 
few  are  willing  to  take  the  time  or  trouble  to 
master  all  the  fine  points.  This  book  puts  the 
rules  in  so  simple  and  brief  a  manner  that  all  the 
knowledge  that  one  needs  to  know  for  the  con- 
duct of  the  average  meeting  is  easily  grasped. 
The  fundamentals  of  Civil  Governnient  are  also 
made  exceedingly  plain.  Handy  size;  110  pages; 
Cloth  bound,  50c.    Postpaid. 

The  Gold  Mine  in  the  Front 

Yflrd  ^y  ^'  ^"  Harrison.  This  is  an  ex- 
I  al  U  tremely  interestmg  book  describing 
the  improvement  of  the  home  grounds.  Mr. 
Harrison  is  a  well-known  floriculturist,  who 
tells  m  a  very  interesting  style  of  the  varieties 
of  flowers  and  vines  to  grow,  how  to  grow 
them,  and  their  proper  arrangement  for  the 
best  effect.  A  delightful  book  for  flower  lov- 
ers. 280  pages;  illustrated^  Cloth  bound, 
$1.00.    Postpaid. 

Farm  BlacJcsmithing.  l\  ,J°^° 

Minnesota  School  of  Agriculture.  A  book 
of  directions  and  suggestions  in  forge  and 
repair  work,  for  the  farm  workshop.  With 
this  book  an  inexperienced  person  soon 
learns  to  work  with  iron  and  steel  to  excel- 
lent advantage  and  profit.  Many  illustra- 
tions.    100  pp.     Cloth,     50  cts.    postpaid. 


illustrated. 


Webb  Publishing  Co.,        St.  Paul,  Minn. 


ID   b^iH^./! 


498958 


UNIVERSITY  OF  CAUFORNIA  LIBRARY 


